I 
113TH CONGRESS 
2D SESSION 
H. R. 3964 
To address certain water-related concerns in the Sacramento-San Joaquin 
Valley, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 29, 2014 
Mr. VALADAO (for himself, Mr. LAMALFA, Mr. MCCLINTOCK, Mr. COOK, Mr. 
DENHAM, Mr. NUNES, Mr. MCCARTHY of California, Mr. MCKEON, Mr. 
GARY G. MILLER of California, Mr. ROYCE, Mr. CALVERT, Mr. CAMP-
BELL, Mr. ROHRABACHER, Mr. ISSA, and Mr. HUNTER) introduced the 
following bill; which was referred to the Committee on Natural Resources 
A BILL 
To address certain water-related concerns in the Sacramento- 
San Joaquin Valley, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Sacramento-San Joaquin Valley Emergency Water Deliv-
ery Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—CENTRAL VALLEY PROJECT WATER RELIABILITY 
Sec. 101. Amendment to purposes. 
Sec. 102. Amendment to definition. 
Sec. 103. Contracts. 
Sec. 104. Water transfers, improved water management, and conservation. 
Sec. 105. Fish, wildlife, and habitat restoration. 
Sec. 106. Restoration fund. 
Sec. 107. Additional authorities. 
Sec. 108. Bay-Delta Accord. 
Sec. 109. Natural and artificially spawned species. 
Sec. 110. Authorized service area. 
Sec. 111. Regulatory streamlining. 
Sec. 112. Warren Act contracts. 
Sec. 113. Additional Warren Act contracts. 
Sec. 114. Pilot Program to Protect Native Anadromous Fish in the Stanislaus 
River. 
Sec. 115. San Luis Reservoir. 
TITLE II—SAN JOAQUIN RIVER RESTORATION 
Sec. 201. Repeal of the San Joaquin River settlement. 
Sec. 202. Purpose. 
Sec. 203. Definitions. 
Sec. 204. Implementation of restoration. 
Sec. 205. Disposal of property; title to facilities. 
Sec. 206. Compliance with applicable law. 
Sec. 207. Compliance with Central Valley Project Improvement Act. 
Sec. 208. No private right of action. 
Sec. 209. Implementation. 
Sec. 210. Repayment contracts and acceleration of repayment of construction 
costs. 
Sec. 211. Repeal. 
Sec. 212. Water supply mitigation. 
Sec. 213. Additional authorities. 
TITLE III—REPAYMENT CONTRACTS AND ACCELERATION OF 
REPAYMENT OF CONSTRUCTION COSTS 
Sec. 301. Repayment contracts and acceleration of repayment of construction 
costs. 
TITLE IV—BAY-DELTA WATERSHED WATER RIGHTS 
PRESERVATION AND PROTECTION 
Sec. 401. Water rights and area-of-origin protections. 
Sec. 402. Sacramento River settlement contracts. 
Sec. 403. Sacramento River Watershed Water Service Contractors. 
Sec. 404. No redirected adverse impacts. 
TITLE V—MISCELLANEOUS 
Sec. 501. Precedent. 
Sec. 502. No effect on Proclamation of State of Emergency. 
Sec. 503. Wild and Scenic Rivers Act. 
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TITLE I—CENTRAL VALLEY 
PROJECT WATER RELIABILITY 
SEC. 101. AMENDMENT TO PURPOSES. 
Section 3402 of the Central Valley Project Improve-
ment Act (106 Stat. 4706) is amended— 
(1) in subsection (f), by striking the period at 
the end; and 
(2) by adding at the end the following: 
‘‘(g) to ensure that water dedicated to fish and wild-
life purposes by this title is replaced and provided to Cen-
tral Valley Project water contractors by December 31, 
2018, at the lowest cost reasonably achievable; and 
‘‘(h) to facilitate and expedite water transfers in ac-
cordance with this Act.’’. 
SEC. 102. AMENDMENT TO DEFINITION. 
Section 3403 of the Central Valley Project Improve-
ment Act (106 Stat. 4707) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) the term ‘anadromous fish’ means those native 
stocks of salmon (including steelhead) and sturgeon that, 
as of October 30, 1992, were present in the Sacramento 
and San Joaquin Rivers and their tributaries and ascend 
those rivers and their tributaries to reproduce after matur-
ing in San Francisco Bay or the Pacific Ocean;’’; 
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(2) in subsection (l), by striking ‘‘and,’’; 
(3) in subsection (m), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(n) the term ‘reasonable flows’ means water flows 
capable of being maintained taking into account com-
peting consumptive uses of water and economic, environ-
mental, and social factors.’’. 
SEC. 103. CONTRACTS. 
Section 3404 of the Central Valley Project Improve-
ment Act (106 Stat. 4708) is amended— 
(1) in the heading, by striking ‘‘LIMITATION 
ON
CONTRACTING
AND
CONTRACT
REFORM’’ 
and inserting ‘‘CONTRACTS’’; and 
(2) by striking the language of the section and 
by adding: 
‘‘(a) RENEWAL
OF EXISTING LONG-TERM CON-
TRACTS.—Upon request of the contractor, the Secretary 
shall renew any existing long-term repayment or water 
service contract that provides for the delivery of water 
from the Central Valley Project for a period of 40 years. 
‘‘(b) ADMINISTRATION OF CONTRACTS.—Except as 
expressly provided by this Act, any existing long-term re-
payment or water service contract for the delivery of water 
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from the Central Valley Project shall be administered pur-
suant to the Act of July 2, 1956 (70 Stat. 483). 
‘‘(c) DELIVERY CHARGE.—Beginning on the date of 
the enactment of this Act, a contract entered into or re-
newed pursuant to this section shall include a provision 
that requires the Secretary to charge the other party to 
such contract only for water actually delivered by the Sec-
retary.’’. 
SEC. 104. WATER TRANSFERS, IMPROVED WATER MANAGE-
MENT, AND CONSERVATION. 
Section 3405 of the Central Valley Project Improve-
ment Act (106 Stat. 4709) is amended as follows: 
(1) In subsection (a)— 
(A) by inserting before ‘‘Except as pro-
vided herein’’ the following: ‘‘The Secretary 
shall take all necessary actions to facilitate and 
expedite transfers of Central Valley Project 
water in accordance with this Act or any other 
provision of Federal reclamation law and the 
National Environmental Policy Act of 1969.’’; 
(B) in paragraph (1)(A), by striking ‘‘to 
combination’’ and inserting ‘‘or combination’’; 
(C) in paragraph (2), by adding at the end 
the following: 
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‘‘(E) The contracting district from which 
the water is coming, the agency, or the Sec-
retary shall determine if a written transfer pro-
posal is complete within 45 days after the date 
of submission of such proposal. If such district 
or agency or the Secretary determines that such 
proposal is incomplete, such district or agency 
or the Secretary shall state with specificity 
what must be added to or revised in order for 
such proposal to be complete. 
‘‘(F) Except as provided in this section, 
the Secretary shall not impose mitigation or 
other requirements on a proposed transfer, but 
the contracting district from which the water is 
coming or the agency shall retain all authority 
under State law to approve or condition a pro-
posed transfer.’’; and 
(D) by adding at the end the following: 
‘‘(4) Notwithstanding any other provision of 
Federal reclamation law— 
‘‘(A) the authority to make transfers or ex-
changes of, or banking or recharge arrange-
ments using, Central Valley Project water that 
could have been conducted before October 30, 
1992, is valid, and such transfers, exchanges, 
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or arrangements shall not be subject to, limited, 
or conditioned by this title; and 
‘‘(B) this title shall not supersede or re-
voke the authority to transfer, exchange, bank, 
or recharge Central Valley Project water that 
existed prior to October 30, 1992.’’. 
(2) In subsection (b)— 
(A) in the heading, by striking ‘‘METER-
ING’’ and inserting ‘‘MEASUREMENT’’; and 
(B) by inserting after the first sentence 
the following: ‘‘The contracting district or agen-
cy, not including contracting districts serving 
multiple agencies with separate governing 
boards, shall ensure that all contractor-owned 
water delivery systems within its boundaries 
measure surface water at the district or agen-
cy’s facilities up to the point the surface water 
is commingled with other water supplies.’’. 
(3) By striking subsection (d). 
(4) By redesignating subsections (e) and (f) as 
subsections (d) and (e), respectively. 
(5) By amending subsection (e) (as redesig-
nated by paragraph (4))— 
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(A) by striking ‘‘as a result of the in-
creased repayment’’ and inserting ‘‘that exceed 
the cost-of-service’’; 
(B) by inserting ‘‘the delivery of’’ after 
‘‘rates applicable to’’; and 
(C) by striking ‘‘, and all increased reve-
nues received by the Secretary as a result of the 
increased water prices established under sub-
section 3405(d) of this section,’’. 
SEC. 105. FISH, WILDLIFE, AND HABITAT RESTORATION. 
Section 3406 of the Central Valley Project Improve-
ment Act (106 Stat. 4714) is amended as follows: 
(1) In subsection (b)— 
(A) in paragraph (1)(B)— 
(i) by striking ‘‘is authorized and di-
rected to’’ and inserting ‘‘may’’; 
(ii) by inserting ‘‘reasonable water’’ 
after ‘‘to provide’’; 
(iii) by striking ‘‘anadromous fish, ex-
cept that such’’ and inserting ‘‘anad-
romous fish. Such’’; 
(iv) by striking ‘‘Instream flow’’ and 
inserting ‘‘Reasonable instream flow’’; 
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(v) by inserting ‘‘and the National 
Marine Fisheries Service’’ after ‘‘United 
States Fish and Wildlife Service’’; and 
(vi) by striking ‘‘California Depart-
ment of Fish and Game’’ and inserting 
‘‘United States Geological Survey’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘primary purpose’’ and 
inserting ‘‘purposes’’; 
(ii) by striking ‘‘but not limited to’’ 
before ‘‘additional obligations’’; and 
(iii) by adding after the period the fol-
lowing: ‘‘All Central Valley Project water 
used for the purposes specified in this 
paragraph shall be credited to the quantity 
of Central Valley Project yield dedicated 
and managed under this paragraph by de-
termining how the dedication and manage-
ment of such water would affect the deliv-
ery capability of the Central Valley Project 
during the 1928 to 1934 drought period 
after fishery, water quality, and other flow 
and operational requirements imposed by 
terms and conditions existing in licenses, 
permits, and other agreements pertaining 
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to the Central Valley Project under appli-
cable State or Federal law existing on Oc-
tober 30, 1992, have been met. To the full-
est extent possible and in accordance with 
section 3411, Central Valley Project water 
dedicated and managed pursuant to this 
paragraph shall be reused to fulfill the 
Secretary’s remaining contractual obliga-
tions to provide Central Valley Project 
water for agricultural or municipal and in-
dustrial purposes.’’; and 
(C) by amending paragraph (2)(C) to read: 
‘‘(C) If by March 15th of any year the 
quantity of Central Valley Project water fore-
casted to be made available to water service or 
repayment contractors in the Delta Division of 
the Central Valley Project is below 75 percent 
of the total quantity of water to be made avail-
able under said contracts, the quantity of Cen-
tral Valley Project yield dedicated and managed 
for that year under this paragraph shall be re-
duced by 25 percent.’’. 
(2) By adding at the end the following: 
‘‘(i) SATISFACTION
OF
PURPOSES.— 
By pursuing the activities described in this 
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section, the Secretary shall be deemed to 
have met the mitigation, protection, res-
toration, and enhancement purposes of this 
title.’’. 
SEC. 106. RESTORATION FUND. 
(a) IN GENERAL.—Section 3407(a) of the Central 
Valley Project Improvement Act (106 Stat. 4726) is 
amended as follows: 
(1) By inserting ‘‘(1) IN GENERAL.—’’ before 
‘‘There is hereby’’. 
(2) By striking ‘‘Not less than 67 percent’’ and 
all that follows through ‘‘Monies’’ and inserting 
‘‘Monies’’. 
(3) By adding at the end the following: 
‘‘(2) PROHIBITIONS.—The Secretary may not directly 
or indirectly require a donation or other payment to the 
Restoration Fund— 
‘‘(A) or environmental restoration or mitigation 
fees not otherwise provided by law, as a condition 
to— 
‘‘(i) providing for the storage or convey-
ance of non-Central Valley Project water pursu-
ant to Federal reclamation laws; or 
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life, and habitat mitigation and restoration actions man-
dated under section 3406 of this title,’’. 
(e) REPORT; ADVISORY BOARD.—Section 3407 of the 
Central Valley Project Improvement Act (106 Stat. 4714) 
is amended by adding at the end the following: 
‘‘(g) REPORT ON EXPENDITURE OF FUNDS.—At the 
end of each fiscal year, the Secretary, in consultation with 
the Restoration Fund Advisory Board, shall submit to 
Congress a plan for the expenditure of all of the funds 
deposited into the Restoration Fund during the preceding 
fiscal year. Such plan shall contain a cost-effectiveness 
analysis of each expenditure. 
‘‘(h) ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—There is hereby estab-
lished the Restoration Fund Advisory Board (herein-
after in this section referred to as the ‘Advisory 
Board’) composed of 12 members selected by the 
Secretary, each for four-year terms, one of whom 
shall be designated by the Secretary as Chairman. 
The members shall be selected so as to represent the 
various Central Valley Project stakeholders, four of 
whom shall be from CVP agricultural users, three 
from CVP municipal and industrial users, three 
from CVP power contractors, and two at the discre-
tion of the Secretary. The Secretary and the Sec-
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retary of Commerce may each designate a represent-
ative to act as an observer of the Advisory Board. 
‘‘(2) DUTIES.—The duties of the Advisory 
Board are as follows: 
‘‘(A) To meet at least semiannually to de-
velop and make recommendations to the Sec-
retary regarding priorities and spending levels 
on projects and programs carried out pursuant 
to the Central Valley Project Improvement Act. 
‘‘(B) To ensure that any advice or rec-
ommendation made by the Advisory Board to 
the Secretary reflect the independent judgment 
of the Advisory Board. 
‘‘(C) Not later than December 31, 2015, 
and annually thereafter, to transmit to the Sec-
retary and Congress recommendations required 
under subparagraph (A). 
‘‘(D) Not later than December 31, 2015, 
and biennially thereafter, to transmit to Con-
gress a report that details the progress made in 
achieving the actions mandated under section 
3406 of this title. 
‘‘(3) ADMINISTRATION.—With the consent of 
the appropriate agency head, the Advisory Board 
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may use the facilities and services of any Federal 
agency.’’. 
SEC. 107. ADDITIONAL AUTHORITIES. 
(a) AUTHORITY FOR CERTAIN ACTIVITIES.—Section 
3408(c) of the Central Valley Project Improvement Act 
(106 Stat. 4728) is amended to read as follows: 
‘‘(c) CONTRACTS FOR ADDITIONAL STORAGE AND 
DELIVERY OF WATER.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to enter into contracts pursuant to Federal reclama-
tion law and this title with any Federal agency, Cali-
fornia water user or water agency, State agency, or 
private organization for the exchange, impoundment, 
storage, carriage, and delivery of nonproject water 
for domestic, municipal, industrial, fish and wildlife, 
and any other beneficial purpose. 
‘‘(2) LIMITATION.—Nothing in this subsection 
shall be deemed to supersede the provisions of sec-
tion 103 of Public Law 99–546 (100 Stat. 3051). 
‘‘(3) AUTHORITY FOR CERTAIN ACTIVITIES.— 
The Secretary shall use the authority granted by 
this subsection in connection with requests to ex-
change, impound, store, carry, or deliver nonproject 
water using Central Valley Project facilities for any 
beneficial purpose. 
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‘‘(4) RATES.—The Secretary shall develop rates 
not to exceed the amount required to recover the 
reasonable costs incurred by the Secretary in con-
nection with a beneficial purpose under this sub-
section. Such rates shall be charged to a party using 
Central Valley Project facilities for such purpose. 
Such costs shall not include any donation or other 
payment to the Restoration Fund. 
‘‘(5) CONSTRUCTION.—This subsection shall be 
construed and implemented to facilitate and encour-
age the use of Central Valley Project facilities to ex-
change, impound, store, carry, or deliver nonproject 
water for any beneficial purpose.’’. 
(b) REPORTING REQUIREMENTS.—Section 3408(f) of 
the Central Valley Project Improvement Act (106 Stat. 
4729) is amended— 
(1) by striking ‘‘Interior and Insular Affairs 
and the Committee on Merchant Marine and Fish-
eries’’ and inserting ‘‘Natural Resources’’; 
(2) in the second sentence, by inserting before 
the period at the end the following: ‘‘, including 
progress on the plan required by subsection (j)’’; and 
(3) by adding at the end the following: ‘‘The fil-
ing and adequacy of such report shall be personally 
certified to the Committees referenced above by the 
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Regional Director of the Mid-Pacific Region of the 
Bureau of Reclamation.’’. 
(c) PROJECT YIELD INCREASE.—Section 3408(j) of 
the Central Valley Project Improvement Act (106 Stat. 
4730) is amended as follows: 
(1) By redesignating paragraphs (1) through 
(7) as subparagraphs (A) through (G), respectively. 
(2) By striking ‘‘In order to minimize adverse 
effects, if any, upon’’ and inserting ‘‘(1) IN GEN-
ERAL.—In order to minimize adverse effects upon’’. 
(3) By striking ‘‘needs, the Secretary,’’ and all 
that follows through ‘‘submit to the Congress, a’’ 
and inserting ‘‘needs, the Secretary, on a priority 
basis and not later than September 30, 2015, shall 
submit to Congress a’’. 
(4) By striking ‘‘increase,’’ and all that follows 
through ‘‘options:’’ and inserting ‘‘increase, as soon 
as possible but not later than September 30, 2018 
(except for the construction of new facilities which 
shall not be limited by that deadline), the water of 
the Central Valley Project by the amount dedicated 
and managed for fish and wildlife purposes under 
this title and otherwise required to meet the pur-
poses of the Central Valley Project including satis-
fying contractual obligations. The plan required by 
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this subsection shall include recommendations on ap-
propriate cost-sharing arrangements and authorizing 
legislation or other measures needed to implement 
the intent, purposes, and provisions of this sub-
section and a description of how the Secretary in-
tends to use the following options—’’. 
(5) In subparagraph (A), by inserting ‘‘and 
construction of new water storage facilities’’ before 
the semicolon. 
(6) In subparagraph (F), by striking ‘‘and’’ at 
the end. 
(7) In subparagraph (G), by striking the period 
and all that follows through the end of the sub-
section and inserting ‘‘; and’’. 
(8) By inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) Water banking and recharge.’’. 
(9) By adding at the end the following: 
‘‘(2) IMPLEMENTATION
OF
PLAN.—The Sec-
retary shall implement the plan required by para-
graph (1) commencing on October 1, 2015. In order 
to carry out this subsection, the Secretary shall co-
ordinate with the State of California in imple-
menting measures for the long-term resolution of 
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problems in the San Francisco Bay/Sacramento-San 
Joaquin Delta Estuary. 
‘‘(3) FAILURE OF THE PLAN.—Notwithstanding 
any other provision of Federal reclamation law, if by 
September 30, 2018, the plan required by paragraph 
(1) fails to increase the annual delivery capability of 
the Central Valley Project by 800,000 acre-feet, im-
plementation of any non-mandatory action under 
section 3406(b)(2) shall be suspended until the plan 
achieves an increase in the annual delivery capability 
of the Central Valley Project by 800,000 acre-feet.’’. 
(d) TECHNICAL CORRECTION.—Section 3408(h) of 
the Central Valley Project Improvement Act (106 Stat. 
4729) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(h)(2)’’ and inserting ‘‘paragraph (2)’’; and 
(2) in paragraph (2), by striking ‘‘paragraph 
(h)(i)’’ and inserting ‘‘paragraph (1)’’. 
(e) WATER STORAGE PROJECT CONSTRUCTION.— 
The Secretary, acting through the Commissioner of the 
Bureau of Reclamation, may partner or enter into an 
agreement on the water storage projects identified in sec-
tion 103(d)(1) of the Water Supply Reliability, and Envi-
ronmental Improvement Act (Public Law 108–361) (and 
Acts supplemental and amendatory to the Act) with local 
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joint powers authorities formed pursuant to State law by 
irrigation districts and other local water districts and local 
governments within the applicable hydrologic region, to 
advance these projects. No additional Federal funds are 
authorized for the activities authorized in sections 
103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of 
Public Law 108–361. However, each water storage project 
under sections 103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 
103(d)(1)(A)(iii) of Public Law 108–361 is authorized for 
construction if non-Federal funds are used for financing 
and constructing the project. 
SEC. 108. BAY-DELTA ACCORD. 
(a) CONGRESSIONAL DIRECTION REGARDING CEN-
TRAL VALLEY PROJECT AND CALIFORNIA STATE WATER 
PROJECT OPERATIONS.—The Central Valley Project and 
the State Water Project shall be operated pursuant to the 
water quality standards and operational constraints de-
scribed in the ‘‘Principles for Agreement on the Bay-Delta 
Standards Between the State of California and the Fed-
eral Government’’ dated December 15, 1994, and such op-
erations shall proceed without regard to the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other 
law pertaining to the operation of the Central Valley 
Project and the California State Water Project. Imple-
mentation of this section shall be in strict conformance 
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with the ‘‘Principles for Agreement on the Bay-Delta 
Standards Between the State of California and the Fed-
eral Government’’ dated December 15, 1994. 
(b) APPLICATION OF LAWS TO OTHERS.—Neither a 
Federal department nor the State of California, including 
any agency or board of the State of California, shall im-
pose on any water right obtained pursuant to State law, 
including a pre-1914 appropriative right, any condition 
that restricts the exercise of that water right in order to 
conserve, enhance, recover or otherwise protect any species 
that is affected by operations of the Central Valley Project 
or California State Water Project. Nor shall the State of 
California, including any agency or board of the State of 
California, restrict the exercise of any water right obtained 
pursuant to State law, including a pre-1914 appropriative 
right, in order to protect, enhance, or restore under the 
Public Trust Doctrine any public trust value. Implementa-
tion of the ‘‘Principles for Agreement on the Bay-Delta 
Standards Between the State of California and the Fed-
eral Government’’ dated December 15, 1994, shall be in 
strict compliance with the water rights priority system and 
statutory protections for areas of origin. 
(c) COSTS.—No cost associated with the implementa-
tion of this section shall be imposed directly or indirectly 
on any Central Valley Project contractor, or any other per-
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son or entity, unless such costs are incurred on a voluntary 
basis. 
(d) NATIVE SPECIES PROTECTION.—California law is 
preempted with respect to any restriction on the quantity 
or size of nonnative fish taken or harvested that preys 
upon one or more native fish species that occupy the Sac-
ramento and San Joaquin Rivers and their tributaries or 
the Sacramento-San Joaquin Rivers Delta. 
SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED SPECIES. 
After the date of the enactment of this title, and re-
gardless of the date of listing, the Secretaries of the Inte-
rior and Commerce shall not distinguish between natural- 
spawned and hatchery-spawned or otherwise artificially 
propagated strains of a species in making any determina-
tion under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) that relates to any anadromous fish 
species present in the Sacramento and San Joaquin Rivers 
or their tributaries and ascend those rivers and their trib-
utaries to reproduce after maturing in San Francisco Bay 
or the Pacific Ocean. 
SEC. 110. AUTHORIZED SERVICE AREA. 
The authorized service area of the Central Valley 
Project shall include the area within the boundaries of the 
Kettleman City Community Services District, California, 
as those boundaries exist on the date of the enactment 
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of this title. Notwithstanding the provisions of the Act of 
October 30, 1992 (Public Law 102–575, 106 Stat. 4600 
et seq.), upon enactment of this title, the Secretary is au-
thorized and directed to enter into a long-term contract 
in accordance with the reclamation laws with the 
Kettleman City Community Services District, California, 
for the delivery of up to 900 acre-feet of Central Valley 
Project water for municipal and industrial use. The Sec-
retary may temporarily reduce deliveries of the quantity 
of water made available pursuant to up to 25 percent of 
such total whenever reductions due to hydrologic cir-
cumstances are imposed upon agricultural deliveries of 
Central Valley Project water. If any additional infrastruc-
ture or related-costs are needed to implement this section, 
such costs shall be the responsibility of the non-Federal 
entity. 
SEC. 111. REGULATORY STREAMLINING. 
(a) APPLICABILITY OF CERTAIN LAWS.—Filing of a 
Notice of Determination or a Notice of Exemption for any 
project, including the issuance of a permit under State 
law, related to any project of the CVP or the delivery of 
water therefrom in accordance with the California Envi-
ronmental Quality Act shall be deemed to meet the re-
quirements of section 102(2)(C) of the National Environ-
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mental Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for 
that project or permit. 
(b) CONTINUATION OF PROJECT.—The Bureau of 
Reclamation shall not be required to cease or modify any 
major Federal action or other activity related to any 
project of the CVP or the delivery of water there from 
pending completion of judicial review of any determination 
made under the National Environmental Protection Act 
of 1969 (42 U.S.C. 4332(2)(C)). 
(c) PROJECT DEFINED.—For the purposes of this 
section: 
(1) CVP.—The term ‘‘CVP’’ means the Central 
Valley Project. 
(2) PROJECT.—The term ‘‘project’’— 
(A) means an activity that— 
(i) is undertaken by a public agency, 
funded by a public agency, or that requires 
an issuance of a permit by a public agency; 
(ii) has a potential to result in phys-
ical change to the environment; and 
(iii) may be subject to several discre-
tionary approvals by governmental agen-
cies; 
(B) may include construction activities, 
clearing or grading of land, improvements to 
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existing structures, and activities or equipment 
involving the issuance of a permit; or 
(C) as defined under the California Envi-
ronmental Quality Act in section 21065 of the 
California Public Resource Code. 
SEC. 112. WARREN ACT CONTRACTS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of the 
Interior shall offer to the Oakdale Irrigation District and 
the South San Joaquin Irrigation District (hereafter in 
this section referred to as the ‘‘districts’’) a contract ena-
bling the districts to collectively impound and store up to 
200,000 acre-feet of their Stanislaus River water rights 
in the New Melones Reservoir in accordance with the 
terms and conditions of sections 1 through 3 of the Act 
of February 21, 1911 (43 U.S.C. 523–525; commonly 
known as the ‘‘Warren Act’’); provided, that before offer-
ing any such contract, the Secretary has determined that 
the amount of water to be impounded and stored under 
the contract will not directly or indirectly result in any 
redirected adverse water supply or fiscal impacts to any 
Central Valley Project contractor related to the Sec-
retary’s operation of the Central Valley Project to meet 
legal obligations imposed by or through any State or Fed-
eral agency, including but not limited to those legal obliga-
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tions emanating from the Endangered Species Act of 1973 
(16 U.S.C. 1531, et seq.), the Water Pollution Control Act 
(33 U.S.C. 1251, et seq., commonly known as the ‘‘Clean 
Water Act’’ pursuant to the 1977 amendments, Public 
Law 95–217), and the Porter-Cologne Water Quality Con-
trol Act (Cal. Water Code 13000, et seq.). 
(b) TERMS AND CONDITIONS.—The terms and condi-
tions of any contract entered into under subsection (a) 
shall— 
(1) be for a term of not less than 10 years; and 
(2) expressly provide that— 
(A) the districts may use any water im-
pounded and stored in the New Melones Res-
ervoir for any legal purpose under California 
law, including use within the boundaries of ei-
ther district, transfer to and reasonable and 
beneficial use by a person or entity not located 
within the boundaries of either district, and for 
instream use in the Stanislaus River, the San 
Joaquin River, or the Sacramento-San Joaquin 
River Delta; and 
(B) any water impounded and stored by ei-
ther district shall not be released or withdrawn 
if the end of month September storage level for 
New Melones Reservoir is projected to be equal 
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to or below 300,000 acre-feet, but in such event 
the impounded and stored water shall be re-
tained in the New Melones Reservoir for use by 
the districts in the following year, subject to the 
same 300,000 acre-foot minimum storage re-
quirement, and without additional payment 
being required. 
(c) CONSERVATION
ACCOUNT.—Any water im-
pounded and stored in the New Melones Reservoir by ei-
ther district under the contract shall not be considered or 
accounted as water placed in the districts’ conservation 
account, as that account is defined and explained in the 
August 30, 1988 Stipulation and Agreement entered into 
by and between the Bureau of Reclamation and the dis-
tricts. 
SEC. 113. ADDITIONAL WARREN ACT CONTRACTS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of the 
Interior shall develop and offer to the Calaveras County 
Water District (hereafter in this section referred to as the 
‘‘CCWD’’) a contract enabling the CCWD to impound and 
store up to 100,000 acre-feet of their Stanislaus River 
water rights in the New Melones Reservoir in accordance 
with the terms and conditions of sections 1 through 3 of 
the Act of February 21, 1911 (43 U.S.C. 523–525; com-
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monly known as the ‘‘Warren Act’’). This stored water 
may be obtained for use by CCWD at a point, or points 
determined convenient to the District. 
(b) TERMS AND CONDITIONS.—The terms and condi-
tions of any contract entered into under subsection (a) 
shall— 
(1) be for a term of not less than 10 years; and 
(2) expressly provide that— 
(A) the CCWD may use any water im-
pounded and stored in the New Melones Res-
ervoir for any legal purpose under California 
law, including use within the boundaries of the 
CCWD, transfer to and reasonable and bene-
ficial use by a person or entity not located with-
in the boundaries of CCWD, and for instream 
use in the Stanislaus River, the San Joaquin 
River, or the Sacramento-San Joaquin River 
Delta; and 
(B) any water impounded and stored by ei-
ther district shall not be released or withdrawn 
if the end of month September storage level for 
New Melones Reservoir is projected to be equal 
to or below 300,000 acre-feet, but in such event 
the impounded and stored water shall be re-
tained in the New Melones Reservoir for use by 
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the districts in the following year, subject to the 
same 300,000 acre-foot minimum storage re-
quirement, and without additional payment 
being required. 
SEC. 114. PILOT PROGRAM TO PROTECT NATIVE ANAD-
ROMOUS FISH IN THE STANISLAUS RIVER. 
(a) ESTABLISHMENT
OF NON-NATIVE PREDATOR 
FISH REMOVAL PROGRAM.—The Commissioner and dis-
tricts, in consultation with the National Marine Fisheries 
Service, the United States Fish and Wildlife Service, and 
the California Department of Fish and Wildlife, shall 
jointly develop and conduct a pilot non-native predator 
fish removal program to remove non-native striped bass, 
smallmouth bass, largemouth bass, black bass, and other 
non-native predator fishes from the Stanislaus River. The 
pilot program shall— 
(1) be scientifically based; 
(2) include methods to quantify the number and 
size of predator fishes removed each year, the im-
pact of such removal on the overall abundance of 
predator fishes, and the impact of such removal on 
the populations of juvenile anadromous fish found in 
the Stanislaus River by, among other things, evalu-
ating the number of juvenile anadromous fish that 
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migrate past the rotary screw trap located at 
Caswell; 
(3) use wire fyke trapping, portable resistance 
board weirs, and boat electrofishing, which are the 
most effective predator collection techniques that 
minimize affects to native anadromous fish; 
(4) be developed, including the application for 
all necessary scientific research and species enhance-
ment permits under section 10(a)(1) of the Endan-
gered Species Act of 1973 (16 U.S.C. 1539(a)(1)), 
for the performance of the pilot program, not later 
than 6 months after the date of the enactment of 
this Act; 
(5) be implemented on the first business day of 
the calendar year following the issuance of all nec-
essary scientific research and species enhancement 
permits needed to begin the pilot program; and 
(6) be implemented for a period of seven con-
secutive calendar years. 
(b) MANAGEMENT.—The management of the pilot 
program shall be the joint responsibility of the Commis-
sioner and the districts. Such parties shall work collabo-
ratively to insure the performance of the pilot program, 
and shall discuss and agree upon, among other things, 
changes in the structure, management, personnel, tech-
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niques, strategy, data collection, reporting and conduct of 
the pilot program. 
(c) CONDUCT.— 
(1) IN GENERAL.—At the election of the dis-
tricts, the pilot program may be conducted by their 
own personnel, qualified private contractors hired by 
the districts, personnel of, on loan to, or otherwise 
assigned to the Bureau of Reclamation, or a com-
bination thereof. 
(2) PARTICIPATION BY THE BUREAU OF REC-
LAMATION.—In the event the districts elect to con-
duct the program using their own personnel or quali-
fied private contractors hired by them, the Commis-
sioner has the option to assign an employee of, on 
loan to, or otherwise assigned to the Bureau of Rec-
lamation, to be present for all activities performed in 
the field. Such presence shall insure compliance with 
the agreed upon elements specified in subsection (b). 
The districts shall pay 100 percent of the cost of 
such participation as specified in subsection (d). 
(3) TIMING OF ELECTION.—The districts shall 
notify the Commissioner of their election on or be-
fore October 15 of each calendar year of the pilot 
program, which election shall apply to the work per-
formed in the subsequent calendar year. 
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(d) FUNDING.— 
(1) ANNUAL FUNDING.—The districts shall be 
responsible for 100 percent of the cost of the pilot 
program. On or before December 1 of each year of 
the pilot program, the Commissioner shall submit to 
the districts an estimate of the cost to be incurred 
by the Bureau of Reclamation in the following cal-
endar year, if any, including the cost of any data 
collection and posting under subsection (e). If an 
amount equal to the estimate is not provided to the 
reclamation fund identified in section 3 of the Act 
of February 21, 1911 (43 U.S.C. 525), or any other 
fund as directed by the Commissioner, by the dis-
tricts on or before December 31 of each year, (a) the 
Bureau of Reclamation shall have no obligation to 
conduct the pilot program activities otherwise sched-
uled, and (b) the districts shall be prohibited from 
conducting any aspect of the pilot program, until full 
payment is made by the districts. 
(2) ACCOUNTING.—On or before September 1 
of each calendar year, the Commissioner shall pro-
vide an accounting of the prior calendar year’s ex-
penses to the districts. If the estimate paid by the 
districts was less than the actual costs incurred by 
the Bureau of Reclamation, the districts shall have 
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until September 30 of that calendar year to pay the 
difference to the reclamation fund. If the estimate 
paid by the districts was greater than the actual 
costs incurred by the Bureau of Reclamation, then 
a credit shall be provided to the districts, which shall 
be deducted from the estimate payment the districts 
must make for the work performed by the Bureau 
of Reclamation, if any, in the next calendar year. 
(e) REPORTING AND EVALUATION.— 
(1) IN GENERAL.—On or before the 15th day 
of each month, the Commissioner shall post on the 
website of the Bureau of Reclamation a tabular 
summary of the raw data collected in the prior 
month. 
(2) REPORT.—On or before June 30 of the cal-
endar year following the completion of the program, 
the Commissioner and districts shall jointly publish 
a peer reviewed report that— 
(A) discusses the findings and conclusions 
of the pilot program; 
(B) synthesizes the data collected under 
paragraph (1); and 
(C) makes recommendations for further 
study and action. 
(f) PERMITS PROCESS.— 
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(1) Not later than 180 days after filing of an 
application by the Commissioner and the districts, 
the Secretary of the Interior, the Secretary of Com-
merce, or both, as appropriate, shall issue all nec-
essary scientific research and species enhancement 
permits under section 10(a)(1) of the Endangered 
Species Act (16 U.S.C. 153(9)(a)(1)), for the per-
formance of the pilot program. 
(2) Any permit application that is not approved 
by the Secretary of the Interior, Secretary of Com-
merce, or both, as appropriate, for any reason, with-
in 180 days after receiving the application, shall be 
deemed approved. 
(3) All permits issued shall be in the name of 
the Bureau of Reclamation and the districts. 
(4) Districts may delegate the authority to ad-
minister the permit authority to any qualified pri-
vate contractor retained in accordance with sub-
section (c). 
(5) The pilot program, including amendments 
thereto by the appropriate Federal and State agen-
cies, shall constitute a conservation plan that com-
plies with the requirements of section 10(a)(2) of 
the Endangered Species Act of 1973 (16 U.S.C. 
1539(a)(2)). 
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(g) NEPA.—Section 102(2)(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 
shall not apply with respect to section 402 and the 
issuance of any permit under this subsection during the 
seven year period beginning on the date of the implemen-
tation of the pilot program. 
(h) RESTRICTIONS.—Any restriction imposed under 
California law on the catch, take, or harvest of any non- 
native or introduced aquatic or terrestrial species that 
preys upon anadromous fish and that occupies or is found 
in the Stanislaus River is hereby void and is preempted. 
(i) DEFINITIONS.—For the purposes of this section: 
(1) ANADROMOUS FISH.— 
(A) The term ‘‘anadromous fish’’ as ap-
plied to the Stanislaus River and the operation 
of New Melones— 
(i) means those native stocks of salm-
on (including steelhead) that— 
(I) as of October 30, 1992, were 
present in and had not been extir-
pated from the Stanislaus River, and 
(II) which ascend the Stanislaus 
River to reproduce after maturing in 
San Francisco Bay or the Pacific 
Ocean; and 
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(ii) does not mean any stock, strain or 
member of American shad, sockeye salmon, 
or striped bass. 
(B) The definition of anadromous fish pro-
vided in section 3403(a) of the Central Valley 
Project Improvement Act (Public Law 102– 
575) shall not apply to the operation of New 
Melones Dam and Reservoir, or to any Federal 
action in the Stanislaus River. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Bureau of 
Reclamation. 
(3) DISTRICTS.—The term ‘‘districts’’ means 
the Oakdale Irrigation District and the South San 
Joaquin Irrigation District. 
(4) PILOT
PROGRAM.—The term ‘‘program’’ 
means the pilot non-native predator removal pro-
gram established under this section. 
(j) SUNSET.—The authorities provided under this 
section shall expire seven years after the implementation 
of the pilot program. 
SEC. 115. SAN LUIS RESERVOIR. 
In connection with operations of the Central Valley 
Project, California, if San Luis Reservoir does not fill by 
the last day of February, the Secretary of the Interior 
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shall permit any entity with an agricultural water service 
or repayment contract for the delivery of water from the 
Delta Division or the San Luis Unit to reschedule into 
the immediately following contract year (March 1 through 
the last day of February) any unused Central Valley 
Project water previously allocated for irrigation purposes. 
If water remaining in Federal storage in San Luis Res-
ervoir on the last day of February is insufficient to meet 
all rescheduling requests, the Secretary shall apportion, 
based on contract quantity, among all such contractors 
that request to reschedule water all water remaining in 
San Luis Reservoir on the last day of February. The Sec-
retary shall thereafter make all reasonable efforts to make 
available additional rescheduled water; provided, that such 
efforts shall not interfere with the Central Valley Project 
operations in the contract year into which Central Valley 
Project has been rescheduled. 
TITLE II—SAN JOAQUIN RIVER 
RESTORATION 
SEC. 201. REPEAL OF THE SAN JOAQUIN RIVER SETTLE-
MENT. 
As of the date of enactment of this title, the Secretary 
shall cease any action to implement the Stipulation of Set-
tlement (Natural Resources Defense Council, et al. v. Kirk 
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Rodgers, et al., Eastern District of California, No. Civ. 
S–88–1658 LKK/GGH). 
SEC. 202. PURPOSE. 
Section 10002 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended by strik-
ing ‘‘implementation of the Settlement’’ and inserting 
‘‘restoration of the San Joaquin River’’. 
SEC. 203. DEFINITIONS. 
Section 10003 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) The term ‘Restoration Flows’ means the 
additional water released or bypassed from Friant 
Dam to insure that the target flow entering 
Mendota Pool, located approximately 62 river miles 
downstream from Friant Dam, does not fall below 
50 cubic feet per second.’’; 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) The term ‘Water Year’ means March 1 
through the last day of February of the following 
Calendar Year, both dates inclusive.’’; and 
(3) by adding at the end the following new 
paragraph: 
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