SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Western Water and American Food Security Act of 
2015’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—ADJUSTING DELTA SMELT MANAGEMENT BASED ON 
INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE 
Sec. 101. Definitions. 
Sec. 102. Revise incidental take level calculation for delta smelt to reflect new 
science. 
Sec. 103. Factoring increased real-time monitoring and updated science into 
Delta smelt management. 
TITLE II—ENSURING SALMONID MANAGEMENT IS RESPONSIVE 
TO NEW SCIENCE 
Sec. 201. Definitions. 
Sec. 202. Process for ensuring salmonid management is responsive to new 
science. 
Sec. 203. Non-Federal program to protect native anadromous fish in the 
Stanislaus River. 
Sec. 204. Pilot projects to implement CALFED invasive species program. 
TITLE III—OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF 
Sec. 301. Definitions. 
Sec. 302. Operational flexibility in times of drought. 
Sec. 303. Operation of cross-channel gates. 
Sec. 304. Flexibility for export/inflow ratio. 
Sec. 305. Emergency environmental reviews. 
Sec. 306. Increased flexibility for regular project operations. 
Sec. 307. Temporary operational flexibility for first few storms of the water 
year. 
Sec. 308. Expediting water transfers. 
Sec. 309. Additional emergency consultation. 
Sec. 310. Additional storage at New Melones. 
Sec. 311. Regarding the operation of Folsom Reservoir. 
Sec. 312. Applicants. 
Sec. 313. San Joaquin River settlement. 
Sec. 314. Program for water rescheduling. 
TITLE IV—CALFED STORAGE FEASIBILITY STUDIES 
Sec. 401. Studies.
Sec. 402. Temperance Flat. 
Sec. 403. CALFED storage accountability. 
Sec. 404. Water storage project construction. 
TITLE V—WATER RIGHTS PROTECTIONS 
Sec. 501. Offset for State Water Project. 
Sec. 502. Area of origin protections. 
Sec. 503. No redirected adverse impacts. 
Sec. 504. Allocations for Sacramento Valley contractors. 
Sec. 505. Effect on existing obligations. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Authorized service area. 
Sec. 602. Oversight board for Restoration Fund. 
Sec. 603. Water supply accounting. 
Sec. 604. Implementation of water replacement plan. 
Sec. 605. Natural and artificially spawned species. 
Sec. 606. Transfer the New Melones Unit, Central Valley Project to interested 
providers. 
Sec. 607. Basin studies. 
Sec. 608. Operations of the Trinity River Division. 
Sec. 609. Amendment to purposes. 
Sec. 610. Amendment to definition. 
Sec. 611. Report on results of water usage. 
Sec. 612. Klamath project consultation applicants. 
TITLE VII—WATER SUPPLY PERMITTING ACT 
Sec. 701. Short title. 
Sec. 702. Definitions. 
Sec. 703. Establishment of lead agency and cooperating agencies. 
Sec. 704. Bureau responsibilities. 
Sec. 705. Cooperating agency responsibilities. 
Sec. 706. Funding to process permits. 
TITLE VIII—BUREAU OF RECLAMATION PROJECT STREAMLINING 
Sec. 801. Short title. 
Sec. 802. Definitions. 
Sec. 803. Acceleration of studies. 
Sec. 804. Expedited completion of reports. 
Sec. 805. Project acceleration. 
Sec. 806. Annual report to Congress. 
TITLE IX—ACCELERATED REVENUE, REPAYMENT, AND SURFACE 
WATER STORAGE ENHANCEMENT 
Sec. 901. Short title. 
Sec. 902. Prepayment of certain repayment contracts between the United 
States and contractors of federally developed water supplies. 
TITLE X—SAFETY OF DAMS 
Sec. 1001. Authorization of additional project benefits. 
TITLE XI—WATER RIGHTS PROTECTION
Sec. 1101. Short title. 
Sec. 1102. Definition of water right. 
Sec. 1103. Treatment of water rights. 
Sec. 1104. Recognition of State authority. 
Sec. 1105. Effect of title. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) As established in the Proclamation of a 
State of Emergency issued by the Governor of the 
State on January 17, 2014, the State is experi-
encing record dry conditions. 
(2) Extremely dry conditions have persisted in 
the State since 2012, and the drought conditions are 
likely to persist into the future. 
(3) The water supplies of the State are at 
record-low levels, as indicated by the fact that all 
major Central Valley Project reservoir levels were at 
20–35 percent of capacity as of September 25, 2014. 
(4) The lack of precipitation has been a signifi-
cant contributing factor to the 6,091 fires experi-
enced in the State as of September 15, 2014, and 
which covered nearly 400,000 acres. 
(5) According to a study released by the Uni-
versity of California, Davis in July 2014, the 
drought has led to the fallowing of 428,000 acres of 
farmland, loss of $810 million in crop revenue, loss 
of $203 million in dairy and other livestock value, 
and increased groundwater pumping costs by $454
million. The statewide economic costs are estimated 
to be $2.2 billion, with over 17,000 seasonal and 
part-time agricultural jobs lost. 
(6) CVPIA Level II water deliveries to refuges 
have also been reduced by 25 percent in the north 
of Delta region, and by 35 percent in the south of 
Delta region. 
(7) Only one-sixth of the usual acres of rice 
fields are being flooded this fall, which leads to a 
significant decline in habitat for migratory birds and 
an increased risk of disease at the remaining wet-
lands due to overcrowding of such birds. 
(8) The drought of 2013 through 2014 con-
stitutes a serious emergency that poses immediate 
and severe risks to human life and safety and to the 
environment throughout the State. 
(9) The serious emergency described in para-
graph (4) requires— 
(A) immediate and credible action that re-
spects the complexity of the water system of the 
State and the importance of the water system 
to the entire State; and 
(B) policies that do not pit stakeholders 
against one another, which history shows only
leads to costly litigation that benefits no one 
and prevents any real solutions. 
(10) Data on the difference between water de-
mand and reliable water supplies for various regions 
of California south of the Delta, including the San 
Joaquin Valley, indicate there is a significant annual 
gap between reliable water supplies to meet agricul-
tural, municipal and industrial, groundwater, and 
refuges water needs within the Delta Division, San 
Luis Unit and Friant Division of the Central Valley 
Project and the State Water Project south of the 
Sacramento-San Joaquin River Delta and the de-
mands of those areas. This gap varies depending on 
the methodology of the analysis performed, but can 
be represented in the following ways: 
(A) For Central Valley Project South-of- 
Delta water service contractors, if it is assumed 
that a water supply deficit is the difference in 
the amount of water available for allocation 
versus the maximum contract quantity, then the 
water supply deficits that have developed from 
1992 to 2014 as a result of legislative and reg-
ulatory changes besides natural variations in 
hydrology during this timeframe range between 
720,000 and 1,100,000 acre-feet.
(B) For Central Valley Project and State 
Water Project water service contractors south 
of the Delta and north of the Tehachapi moun-
tain range, if it is assumed that a water supply 
deficit is the difference between reliable water 
supplies, including maximum water contract de-
liveries, safe yield of groundwater, safe yield of 
local and surface supplies and long-term con-
tracted water transfers, and water demands, in-
cluding water demands from agriculture, munic-
ipal and industrial and refuge contractors, then 
the water supply deficit ranges between ap-
proximately 2,500,000 to 2,700,000 acre-feet. 
(11) Data of pumping activities at the Central 
Valley Project and State Water Project delta pumps 
identifies that, on average from Water Year 2009 to 
Water Year 2014, take of Delta smelt is 80 percent 
less than allowable take levels under the biological 
opinion issued December 15, 2008. 
(12) Data of field sampling activities of the 
Interagency Ecological Program located in the Sac-
ramento-San Joaquin Estuary identifies that, on av-
erage from 2005 to 2013, the program ‘‘takes’’ 
3,500 delta smelt during annual surveys with an au-
thorized ‘‘take’’ level of 33,480 delta smelt annu-
ally—according to the biological opinion issued De-
cember 9, 1997. 
(13) In 2015, better information exists than 
was known in 2008 concerning conditions and oper-
ations that may or may not lead to high salvage 
events that jeopardize the fish populations, and what 
alternative management actions can be taken to 
avoid jeopardy. 
(14) Alternative management strategies, remov-
ing non-native species, enhancing habitat, moni-
toring fish movement and location in real-time, and 
improving water quality in the Delta can contribute 
significantly to protecting and recovering these en-
dangered fish species, and at potentially lower costs 
to water supplies. 
(15) Resolution of fundamental policy questions 
concerning the extent to which application of the 
Endangered Species Act of 1973 affects the oper-
ation of the Central Valley Project and State Water 
Project is the responsibility of Congress. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 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. 
(2) EXPORT PUMPING RATES.—The term ‘‘ex-
port pumping rates’’ means the rates of pumping at 
the C.W. ‘‘Bill’’ Jones Pumping Plant and the Har-
vey O. Banks Pumping Plant, in the southern Delta. 
(3) LISTED FISH SPECIES.—The term ‘‘listed 
fish species’’ means listed salmonid species and the 
Delta smelt. 
(4) LISTED
SALMONID
SPECIES.—The term 
‘‘listed salmonid species’’ means natural origin 
steelhead, natural origin genetic spring run Chinook, 
and genetic winter run Chinook salmon including 
hatchery steelhead or salmon populations within the 
evolutionary significant unit (ESU) or distinct popu-
lation segment (DPS). 
(5) NEGATIVE
IMPACT
ON
THE
LONG-TERM 
SURVIVAL.—The term ‘‘negative impact on the long- 
term survival’’ means to reduce appreciably the like-
lihood of the survival of a listed species in the wild 
by reducing the reproduction, numbers, or distribu-
tion of that species. 
(6) OMR.—The term ‘‘OMR’’ means the Old 
and Middle River in the Delta.
(7) OMR FLOW OF ¥5,000 CUBIC FEET PER 
SECOND.—The term ‘‘OMR flow of ¥5,000 cubic 
feet per second’’ means Old and Middle River flow 
of negative 5,000 cubic feet per second as described 
in— 
(A) the smelt biological opinion; and 
(B) the salmonid biological opinion. 
(8) 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. 
(9) 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. 
(10) STATE.—The term ‘‘State’’ means the 
State of California.
TITLE 
I—ADJUSTING 
DELTA 
SMELT MANAGEMENT BASED 
ON 
INCREASED 
REAL-TIME 
MONITORING AND UPDATED 
SCIENCE 
SEC. 101. DEFINITIONS. 
In this title: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
(2) DELTA SMELT.—The term ‘‘Delta smelt’’ 
means the fish species with the scientific name 
Hypomesus transpacificus. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Bureau of 
Reclamation. 
SEC. 102. REVISE INCIDENTAL TAKE LEVEL CALCULATION 
FOR 
DELTA 
SMELT 
TO 
REFLECT 
NEW 
SCIENCE. 
(a) REVIEW AND MODIFICATION.—Not later than 
October 1, 2016, and at least every five years thereafter, 
the Director, in cooperation with other Federal, State, and 
local agencies, shall use the best scientific and commercial
data available to complete a review and, modify the meth-
od used to calculate the incidental take levels for adult 
and larval/juvenile Delta smelt in the smelt biological opin-
ion that takes into account all life stages, among other 
considerations— 
(1) salvage information collected since at least 
1993; 
(2) updated or more recently developed statis-
tical models; 
(3) updated scientific and commercial data; and 
(4) the most recent information regarding the 
environmental factors affecting Delta smelt salvage. 
(b) MODIFIED INCIDENTAL TAKE LEVEL.—Unless 
the Director determines in writing that one or more of 
the requirements described in paragraphs (1) through (4) 
are not appropriate, the modified incidental take level de-
scribed in subsection (a) shall— 
(1) be normalized for the abundance of 
prespawning adult Delta smelt using the Fall 
Midwater Trawl Index or other index; 
(2) be based on a simulation of the salvage that 
would have occurred from 1993 through 2012 if 
OMR flow has been consistent with the smelt bio-
logical opinions;
(3) base the simulation on a correlation between 
annual salvage rates and historic water clarity and 
OMR flow during the adult salvage period; and 
(4) set the incidental take level as the 80 per-
cent upper prediction interval derived from simu-
lated salvage rates since at least 1993. 
SEC. 103. FACTORING INCREASED REAL-TIME MONITORING 
AND UPDATED SCIENCE INTO DELTA SMELT 
MANAGEMENT. 
(a) IN GENERAL.—The Director shall use the best 
scientific and commercial data available to implement, 
continuously evaluate, and refine or amend, as appro-
priate, the reasonable and prudent alternative described 
in the smelt biological opinion, and any successor opinions 
or court order. The Secretary shall make all significant 
decisions under the smelt biological opinion, or any suc-
cessor opinions that affect Central Valley Project and 
State Water Project operations, in writing, and shall docu-
ment the significant facts upon which such decisions are 
made, consistent with section 706 of title 5, United States 
Code. 
(b) INCREASED MONITORING TO INFORM REAL- 
TIME OPERATIONS.—The Secretary shall conduct addi-
tional surveys, on an annual basis at the appropriate time
of the year based on environmental conditions, in collabo-
ration with other Delta science interests. 
(1) In implementing this section, the Secretary 
shall— 
(A) use the most accurate survey methods 
available for the detection of Delta smelt to de-
termine the extent that adult Delta smelt are 
distributed in relation to certain levels of tur-
bidity, or other environmental factors that may 
influence salvage rate; and 
(B) use results from appropriate survey 
methods for the detection of Delta smelt to de-
termine how the Central Valley Project and 
State Water Project may be operated more effi-
ciently to minimize salvage while maximizing 
export pumping rates without causing a signifi-
cant negative impact on the long-term survival 
of the Delta smelt. 
(2) During the period beginning on December 
1, 2015, and ending March 31, 2016, and in each 
successive December through March period, if sus-
pended sediment loads enter the Delta from the Sac-
ramento River and the suspended sediment loads ap-
pear likely to raise turbidity levels in the Old River 
north of the export pumps from values below 12
Nephelometric Turbidity Units (NTU) to values 
above 12 NTU, the Secretary shall— 
(A) conduct daily monitoring using appro-
priate survey methods at locations including, 
but not limited to, the vicinity of Station 902 
to determine the extent that adult Delta smelt 
are moving with turbidity toward the export 
pumps; and 
(B) use results from the monitoring sur-
veys referenced in paragraph (A) to determine 
how increased trawling can inform daily real- 
time Central Valley Project and State Water 
Project operations to minimize salvage while 
maximizing export pumping rates without caus-
ing a significant negative impact on the long- 
term survival of the Delta smelt. 
(c) PERIODIC REVIEW OF MONITORING.—Within 12 
months of the date of enactment of this title, and at least 
once every 5 years thereafter, the Secretary shall— 
(1) evaluate whether the monitoring program 
under subsection (b), combined with other moni-
toring programs for the Delta, is providing sufficient 
data to inform Central Valley Project and State 
Water Project operations to minimize salvage while 
maximizing export pumping rates without causing a
significant negative impact on the long-term survival 
of the Delta smelt; and 
(2) determine whether the monitoring efforts 
should be changed in the short or long term to pro-
vide more useful data. 
(d) DELTA SMELT DISTRIBUTION STUDY.— 
(1) IN GENERAL.—No later than January 1, 
2016, and at least every five years thereafter, the 
Secretary, in collaboration with the California De-
partment of Fish and Wildlife, the California De-
partment of Water Resources, public water agencies, 
and other interested entities, shall implement new 
targeted sampling and monitoring specifically de-
signed to understand Delta smelt abundance, dis-
tribution, and the types of habitat occupied by Delta 
smelt during all life stages. 
(2) SAMPLING.—The Delta smelt distribution 
study shall, at a minimum— 
(A) include recording water quality and 
tidal data; 
(B) be designed to understand Delta smelt 
abundance, distribution, habitat use, and move-
ment throughout the Delta, Suisun Marsh, and 
other areas occupied by the Delta smelt during 
all seasons;
(C) consider areas not routinely sampled 
by existing monitoring programs, including wet-
land channels, near-shore water, depths below 
35 feet, and shallow water; and 
(D) use survey methods, including sam-
pling gear, best suited to collect the most accu-
rate data for the type of sampling or moni-
toring. 
(e) SCIENTIFICALLY SUPPORTED IMPLEMENTATION 
OF OMR FLOW REQUIREMENTS.—In implementing the 
provisions of the smelt biological opinion, or any successor 
biological opinion or court order, pertaining to manage-
ment of reverse flow in the Old and Middle Rivers, the 
Secretary shall— 
(1) consider the relevant provisions of the bio-
logical opinion or any successor biological opinion; 
(2) to maximize Central Valley project and 
State Water Project water supplies, manage export 
pumping rates to achieve a reverse OMR flow rate 
of ¥5,000 cubic feet per second unless information 
developed by the Secretary under paragraphs (3) 
and (4) leads the Secretary to reasonably conclude 
that a less negative OMR flow rate is necessary to 
avoid a negative impact on the long-term survival of 
the Delta smelt. If information available to the Sec-
retary indicates that a reverse OMR flow rate more 
negative than ¥5,000 cubic feet per second can be 
established without an imminent negative impact on 
the long-term survival of the Delta smelt, the Sec-
retary shall manage export pumping rates to achieve 
that more negative OMR flow rate; 
(3) document in writing any significant facts 
about real-time conditions relevant to the determina-
tions of OMR reverse flow rates, including— 
(A) whether targeted real-time fish moni-
toring in the Old River pursuant to this section, 
including monitoring in the vicinity of Station 
902, indicates that a significant negative impact 
on the long-term survival of the Delta smelt is 
imminent; and 
(B) whether near-term forecasts with avail-
able salvage models show under prevailing con-
ditions that OMR flow of ¥5,000 cubic feet per 
second or higher will cause a significant nega-
tive impact on the long-term survival of the 
Delta smelt; 
(4) show in writing that any determination to 
manage OMR reverse flow at rates less negative 
than ¥5,000 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, after considering— 
(A) 
the 
distribution 
of 
Delta 
smelt 
throughout the Delta; 
(B) the potential effects of documented, 
quantified entrainment on subsequent Delta 
smelt abundance; 
(C) the water temperature; 
(D) other significant factors relevant to 
the determination; and 
(E) whether any alternative measures 
could have a substantially lesser water supply 
impact; and 
(5) for any subsequent biological opinion, make 
the showing required in paragraph (4) for any deter-
mination to manage OMR reverse flow at rates less 
negative than the most negative limit in the biologi-
cal opinion if the most negative limit in the biologi-
cal opinion is more negative than ¥5,000 cubic feet 
per second. 
(f) MEMORANDUM OF UNDERSTANDING.—No later 
than December 1, 2015, the Commissioner and the Direc-
tor will execute a Memorandum of Understanding (MOU) 
to ensure that the smelt biological opinion is implemented
in a manner that maximizes water supply while complying 
with applicable laws and regulations. If that MOU alters 
any procedures set out in the biological opinion, there will 
be no need to reinitiate consultation if those changes will 
not have a significant negative impact on the long-term 
survival on listed species and the implementation of the 
MOU would not be a major change to implementation of 
the biological opinion. Any change to procedures that does 
not create a significant negative impact on the long-term 
survival to listed species will not alter application of the 
take permitted by the incidental take statement in the bio-
logical opinion under section 7(o)(2) of the Endangered 
Species Act of 1973. 
(g) CALCULATION OF REVERSE FLOW IN OMR.— 
Within 90 days of the enactment of this title, the Sec-
retary is directed, in consultation with the California De-
partment of Water Resources to revise the method used 
to calculate reverse flow in Old and Middle Rivers for im-
plementation of the reasonable and prudent alternatives 
in the smelt biological opinion and the salmonid biological 
opinion, and any succeeding biological opinions, for the 
purpose of increasing Central Valley Project and State 
Water Project water supplies. The method of calculating 
reverse flow in Old and Middle Rivers shall be reevaluated 
not less than every five years thereafter to achieve max-
imum export pumping rates within limits established by 
the smelt biological opinion, the salmonid biological opin-
ion, and any succeeding biological opinions. 
TITLE II—ENSURING SALMONID 
MANAGEMENT 
IS 
RESPON-
SIVE TO NEW SCIENCE 
SEC. 201. DEFINITIONS. 
In this title: 
(1) ASSISTANT
ADMINISTRATOR.—The term 
‘‘Assistant Administrator’’ means the Assistant Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration for Fisheries. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(3) OTHER AFFECTED INTERESTS.—The term 
‘‘other affected interests’’ means the State of Cali-
fornia, Indian tribes, subdivisions of the State of 
California, public water agencies and those who ben-
efit directly and indirectly from the operations of the 
Central Valley Project and the State Water Project. 
(4) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Bureau of 
Reclamation.
(5) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
SEC. 202. PROCESS FOR ENSURING SALMONID MANAGE-
MENT IS RESPONSIVE TO NEW SCIENCE. 
(a) GENERAL DIRECTIVE.—The reasonable and pru-
dent alternative described in the salmonid biological opin-
ion allows for and anticipates adjustments in Central Val-
ley Project and State Water Project operation parameters 
to reflect the best scientific and commercial data currently 
available, and authorizes efforts to test and evaluate im-
provements in operations that will meet applicable regu-
latory requirements and maximize Central Valley Project 
and State Water Project water supplies and reliability. 
Implementation of the reasonable and prudent alternative 
described in the salmonid biological opinion shall be ad-
justed accordingly as new scientific and commercial data 
are developed. The Commissioner and the Assistant Ad-
ministrator shall fully utilize these authorities as described 
below. 
(b) ANNUAL REVIEWS OF CERTAIN CENTRAL VAL-
LEY PROJECT
AND STATE WATER PROJECT OPER-
ATIONS.—No later than December 31, 2016, and at least 
annually thereafter:
(1) The Commissioner, with the assistance of 
the Assistant Administrator, shall examine and iden-
tify adjustments to the initiation of Action IV.2.3 as 
set forth in the Biological Opinion and Conference 
Opinion on the Long-Term Operations of the Cen-
tral Valley Project and State Water Project, Endan-
gered Species Act Section 7 Consultation, issued by 
the National Marine Fisheries Service on June 4, 
2009, pertaining to negative OMR flows, subject to 
paragraph (5). 
(2) The Commissioner, with the assistance of 
the Assistant Administrator, shall examine and iden-
tify adjustments in the timing, triggers or other 
operational details relating to the implementation of 
pumping restrictions in Action IV.2.1 pertaining to 
the inflow to export ratio, subject to paragraph (5). 
(3) Pursuant to the consultation and assess-
ments carried out under paragraphs (1) and (2) of 
this subsection, the Commissioner and the Assistant 
Administrator shall jointly make recommendations 
to the Secretary of the Interior and to the Secretary 
on adjustments to project operations that, in the ex-
ercise of the adaptive management provisions of the 
salmonid biological opinion, will reduce water supply 
impacts of the salmonid biological opinion on the
Central Valley Project and the California State 
Water Project and are consistent with the require-
ments of applicable law and as further described in 
subsection (c). 
(4) The Secretary and the Secretary of the In-
terior shall direct the Commissioner and Assistant 
Administrator to implement recommended adjust-
ments to Central Valley Project and State Water 
Project operations for which the conditions under 
subsection (c) are met. 
(5) The Assistant Administrator and the Com-
missioner shall review and identify adjustments to 
Central Valley Project and State Water Project op-
erations with water supply restrictions in any suc-
cessor biological opinion to the salmonid biological 
opinion, applying the provisions of this section to 
those water supply restrictions where there are ref-
erences to Actions IV.2.1 and IV.2.3. 
(c) IMPLEMENTATION
OF OPERATIONAL ADJUST-
MENTS.—After reviewing the recommendations under sub-
section (b), the Secretary of the Interior and the Secretary 
shall direct the Commissioner and the Assistant Adminis-
trator to implement those operational adjustments, or any 
combination, for which, in aggregate—
(1) the net effect on listed species is equivalent 
to those of the underlying project operational param-
eters in the salmonid biological opinion, taking into 
account both— 
(A) efforts to minimize the adverse effects 
of the adjustment to project operations; and 
(B) whatever additional actions or meas-
ures may be implemented in conjunction with 
the adjustments to operations to offset the ad-
verse effects to listed species, consistent with 
(d), that are in excess of the adverse effects of 
the underlying operational parameters, if any; 
and 
(2) the effects of the adjustment can be reason-
ably expected to fall within the incidental take au-
thorizations. 
(d) EVALUATION
OF OFFSETTING MEASURES.— 
When examining and identifying opportunities to offset 
the potential adverse effect of adjustments to operations 
under subsection (c)(1)(B), the Commissioner and the As-
sistant Administrator shall take into account the potential 
species survival improvements that are likely to result 
from other measures which, if implemented in conjunction 
with such adjustments, would offset adverse effects, if any, 
of the adjustments. When evaluating offsetting measures,
the Commissioner and the Assistant Administrator shall 
consider the type, timing and nature of the adverse effects, 
if any, to specific species and ensure that the measures 
likely provide equivalent overall benefits to the listed spe-
cies in the aggregate, as long as the change will not cause 
a significant negative impact on the long-term survival of 
a listed salmonid species. 
(e) FRAMEWORK FOR EXAMINING OPPORTUNITIES 
TO MINIMIZE OR OFFSET THE POTENTIAL ADVERSE EF-
FECT OF ADJUSTMENTS TO OPERATIONS.—Not later than 
December 31, 2015, and every five years thereafter, the 
Assistant Administrator shall, in collaboration with the 
Director of the California Department of Fish and Wild-
life, based on the best scientific and commercial data avail-
able and for each listed salmonid species, issue estimates 
of the increase in through-Delta survival the Secretary ex-
pects to be achieved— 
(1) through restrictions on export pumping 
rates as specified by Action IV.2.3 as compared to 
limiting OMR flow to a fixed rate of ¥5,000 cubic 
feet per second within the time period Action IV.2.3 
is applicable, based on a given rate of San Joaquin 
River inflow to the Delta and holding other relevant 
factors constant;
(2) through San Joaquin River inflow to export 
restrictions on export pumping rates specified within 
Action IV.2.1 as compared to the restrictions in the 
April/May period imposed by the State Water Re-
sources Control Board decision D–1641, based on a 
given rate of San Joaquin River inflow to the Delta 
and holding other relevant factors constant; 
(3) through physical habitat restoration im-
provements; 
(4) through predation control programs; 
(5) through the installation of temporary bar-
riers, the management of Cross Channel Gates oper-
ations, and other projects affecting flow in the 
Delta; 
(6) through salvaging fish that have been en-
trained near the entrance to Clifton Court Forebay; 
(7) through any other management measures 
that may provide equivalent or better protections for 
listed species while maximizing export pumping rates 
without causing a significant negative impact on the 
long-term survival of a listed salmonid species; and 
(8) through development and implementation of 
conservation hatchery programs for salmon and 
steelhead to aid in the recovery of listed salmon and 
steelhead species.
(f) SURVIVAL ESTIMATES.— 
(1) To the maximum extent practicable, the As-
sistant Administrator shall make quantitative esti-
mates of survival such as a range of percentage in-
creases in through-Delta survival that could result 
from the management measures, and if the scientific 
information is lacking for quantitative estimates, 
shall do so on qualitative terms based upon the best 
available science. 
(2) If the Assistant Administrator provides 
qualitative survival estimates for a species resulting 
from one or more management measures, the Sec-
retary shall, to the maximum extent feasible, rank 
the management measures described in subsection 
(e) in terms of their most likely expected contribu-
tion to increased through-Delta survival relative to 
the other measures. 
(3) If at the time the Assistant Administrator 
conducts the reviews under subsection (b), the Sec-
retary has not issued an estimate of increased 
through-Delta survival from different management 
measures pursuant to subsection (e), the Secretary 
shall compare the protections to the species from 
different management measures based on the best 
scientific and commercial data available at the time.
(g) COMPARISON OF ADVERSE CONSEQUENCES FOR 
ALTERNATIVE MANAGEMENT MEASURES OF EQUIVALENT 
PROTECTION FOR A SPECIES.— 
(1) For the purposes of this subsection and 
subsection (c)— 
(A) the alternative management measure 
or combination of alternative management 
measures identified in paragraph (2) shall be 
known as the ‘‘equivalent alternative measure’’; 
(B) the existing measure or measures iden-
tified in subparagraphs (2) (A), (B), (C), or 
(D) shall be known as the ‘‘equivalent existing 
measure’’; and 
(C) an ‘‘equivalent increase in through- 
Delta survival rates for listed salmonid species’’ 
shall mean an increase in through-Delta sur-
vival rates that is equivalent when considering 
the change in through-Delta survival rates for 
the listed salmonid species in the aggregate, 
and not the same change for each individual 
species, as long as the change in survival rates 
will not cause a significant negative impact on 
the long-term survival of a listed salmonid spe-
cies.
(2) As part of the reviews of project operations 
pursuant to subsection (b), the Assistant Adminis-
trator shall determine whether any alternative man-
agement measures or combination of alternative 
management measures listed in subsection (e) (3) 
through (8) would provide an increase in through- 
Delta survival rates for listed salmonid species that 
is equivalent to the increase in through-Delta sur-
vival rates for listed salmonid species from the fol-
lowing: 
(A) Through restrictions on export pump-
ing rates as specified by Action IV.2.3, as com-
pared to limiting OMR flow to a fixed rate of 
¥5,000 cubic feet per second within the time 
period Action IV.2.3 is applicable. 
(B) Through restrictions on export pump-
ing rates as specified by Action IV.2.3, as com-
pared to a modification of Action IV.2.3 that 
would provide additional water supplies, other 
than that described in subparagraph (A). 
(C) Through San Joaquin River inflow to 
export restrictions on export pumping rates 
specified within Action IV.2.1, as compared to 
the restrictions in the April/May period imposed
by the State Water Resources Control Board 
decision D–1641. 
(D) Through San Joaquin River inflow to 
export restrictions on export pumping rates 
specified within Action IV.2.1, as compared to 
a modification of Action IV.2.1 that would re-
duce water supply impacts of the salmonid bio-
logical opinion on the Central Valley Project 
and the California State Water Project, other 
than that described in subparagraph (C). 
(3) If the Assistant Administrator identifies an 
equivalent alternative measure pursuant to para-
graph (2), the Assistant Administrator shall deter-
mine whether— 
(A) it is technically feasible and within 
Federal jurisdiction to implement the equivalent 
alternative measure; 
(B) the State of California, or subdivision 
thereof, or local agency with jurisdiction has 
certified in writing within 10 calendar days to 
the Assistant Administrator that it has the au-
thority and capability to implement the perti-
nent equivalent alternative measure; or 
(C) the adverse consequences of doing so 
are less than the adverse consequences of the
equivalent existing measure, including a concise 
evaluation of the adverse consequences to other 
affected interests. 
(4) If the Assistant Administrator makes the 
determinations in subparagraph (3)(A) or (3)(B), 
the Commissioner shall adjust project operations to 
implement the equivalent alternative measure in 
place of the equivalent existing measure in order to 
increase export rates of pumping to the greatest ex-
tent possible while maintaining a net combined effect 
of equivalent through-Delta survival rates for the 
listed salmonid species. 
(h) TRACKING ADVERSE EFFECTS BEYOND
THE 
RANGE OF EFFECTS ACCOUNTED FOR IN THE SALMONID 
BIOLOGICAL OPINION
AND COORDINATED OPERATION 
WITH THE DELTA SMELT BIOLOGICAL OPINION.— 
(1) Among the adjustments to the project oper-
ations considered through the adaptive management 
process under this section, the Assistant Adminis-
trator and the Commissioner shall— 
(A) evaluate the effects on listed salmonid 
species and water supply of the potential ad-
justment to operational criteria described in 
subparagraph (B); and
(B) consider requiring that before some or 
all of the provisions of Actions IV.2.1. or IV.2.3 
are imposed in any specific instance, the Assist-
ant Administrator show that the implementa-
tion of these provisions in that specific instance 
is necessary to avoid a significant negative im-
pact on the long-term survival of a listed 
salmonid species. 
(2) The Assistant Administrator, the Director, 
and the Commissioner, in coordination with State of-
ficials as appropriate, shall establish operational cri-
teria to coordinate management of OMR flows under 
the smelt and salmonid biological opinions, in order 
to take advantage of opportunities to provide addi-
tional water supplies from the coordinated imple-
mentation of the biological opinions. 
(3) The Assistant Administrator and the Com-
missioner shall document the effects of any adaptive 
management decisions related to the coordinated op-
eration of the smelt and salmonid biological opinions 
that prioritizes the maintenance of one species at the 
expense of the other. 
(i) REAL-TIME MONITORING AND MANAGEMENT.— 
Notwithstanding the calendar based triggers described in 
the salmonid biological opinion Reasonable and Prudent
Alternative (RPA), the Assistant Administrator and the 
Commissioner shall not limit OMR reverse flow to ¥5,000 
cubic feet per second unless current monitoring data indi-
cate that this OMR flow limitation is reasonably required 
to avoid a significant negative impact on the long-term 
survival of a listed salmonid species. 
(j) EVALUATION AND IMPLEMENTATION OF MANAGE-
MENT
MEASURES.—If the quantitative estimates of 
through-Delta survival established by the Secretary for the 
adjustments in subsection (b)(2) exceed the through-Delta 
survival established for the RPAs, the Secretary shall 
evaluate and implement the management measures in sub-
section (b)(2) as a prerequisite to implementing the RPAs 
contained in the Salmonid Biological Opinion. 
(k) ACCORDANCE WITH OTHER LAW.—Consistent 
with section 706 of title 5, United States Code, decisions 
of the Assistant Administrator and the Commissioner de-
scribed in subsections (b) through (j) shall be made in 
writing, on the basis of best scientific and commercial data 
currently available, and shall include an explanation of the 
data examined at the connection between those data and 
the decisions made.
SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE 
ANADROMOUS 
FISH 
IN 
THE 
STANISLAUS 
RIVER. 
(a) ESTABLISHMENT
OF NONNATIVE PREDATOR 
FISH REMOVAL PROGRAM.—The Secretary and the dis-
tricts, in consultation with the Director, shall jointly de-
velop and conduct a nonnative predator fish removal pro-
gram to remove nonnative striped bass, smallmouth bass, 
largemouth bass, black bass, and other nonnative predator 
fish species from the Stanislaus River. The program 
shall— 
(1) be scientifically based; 
(2) include methods to quantify the number and 
size of predator fish removed each year, the impact 
of such removal on the overall abundance of pred-
ator fish, and the impact of such removal on the 
populations of juvenile anadromous fish found in the 
Stanislaus River by, among other things, evaluating 
the number of juvenile anadromous fish that migrate 
past the rotary screw trap located at Caswell; 
(3) among other methods, use wire fyke trap-
ping, portable resistance board weirs, and boat 
electrofishing; and 
(4) be implemented as quickly as possible fol-
lowing the issuance of all necessary scientific re-
search.
(b) MANAGEMENT.—The management of the pro-
gram shall be the joint responsibility of the Secretary and 
the districts. Such parties shall work collaboratively to en-
sure the performance of the program, and shall discuss 
and agree upon, among other things, changes in the struc-
ture, management, personnel, techniques, strategy, data 
collection, reporting, and conduct of the program. 
(c) CONDUCT.— 
(1) IN GENERAL.—By agreement between the 
Secretary and the districts, the program may be con-
ducted by their own personnel, qualified private con-
tractors hired by the districts, personnel of, on loan 
to, or otherwise assigned to the National Marine 
Fisheries Service, or a combination thereof. 
(2) PARTICIPATION BY THE NATIONAL MARINE 
FISHERIES SERVICE.—If the districts elect to con-
duct the program using their own personnel or quali-
fied private contractors hired by them in accordance 
with paragraph (1), the Secretary may assign an 
employee of, on loan to, or otherwise assigned to the 
National Marine Fisheries Service, to be present for 
all activities performed in the field. Such presence 
shall ensure compliance with the agreed-upon ele-
ments specified in subsection (b). The districts shall
pay the cost of such participation in accordance with 
subsection (d). 
(3) TIMING OF ELECTION.—The districts shall 
notify the Secretary of their election on or before 
October 15 of each calendar year of the program. 
Such an election shall apply to the work performed 
in the subsequent calendar year. 
(d) FUNDING.— 
(1) IN
GENERAL.—The districts shall be re-
sponsible for 100 percent of the cost of the program. 
(2) CONTRIBUTED FUNDS.—The Secretary may 
accept and use contributions of funds from the dis-
tricts to carry out activities under the program. 
(3) ESTIMATION OF COST.—On or before De-
cember 1 of each year of the program, the Secretary 
shall submit to the districts an estimate of the cost 
to be incurred by the National Marine Fisheries 
Service for the program in the following calendar 
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 through con-
tributions pursuant to paragraph (2) before Decem-
ber 31 of that year— 
(A) the Secretary shall have no obligation 
to conduct the program activities otherwise
scheduled for such following calendar year until 
such amount is contributed by the districts; and 
(B) the districts may not conduct any as-
pect of the program until such amount is con-
tributed by the districts. 
(4) ACCOUNTING.—On or before September 1 
of each year, the Secretary shall provide to the dis-
tricts an accounting of the costs incurred by the Sec-
retary for the program in the preceding calendar 
year. If the amount contributed by the districts pur-
suant to paragraph (2) for that year was greater 
than the costs incurred by the Secretary, the Sec-
retary shall— 
(A) apply the excess contributions to costs 
of activities to be performed by the Secretary 
under the program, if any, in the next calendar 
year; or 
(B) if no such activities are to be per-
formed, repay the excess contribution to the 
districts. 
(e) POSTING AND EVALUATION.—On or before the 
15th day of each month, the Secretary shall post on the 
Internet website of the National Marine Fisheries Service 
a tabular summary of the raw data collected under the 
program in the preceding month.
(f) IMPLEMENTATION.—The program is hereby found 
to be consistent with the requirements of the Central Val-
ley Project Improvement Act (Public Law 102–575). No 
provision, plan or definition established or required by the 
Central Valley Project Improvement Act (Public Law 
102–575) shall be used to prohibit the imposition of the 
program, or to prevent the accomplishment of its goals. 
(g) TREATMENT OF STRIPED BASS.—For purposes 
of the application of the Central Valley Project Improve-
ment Act (title XXXIV of Public Law 102–575) with re-
spect to the program, striped bass shall not be treated as 
anadromous fish. 
(h) DEFINITION.—For the purposes of this section, 
the term ‘‘districts’’ means the Oakdale Irrigation District 
and the South San Joaquin Irrigation District, California. 
SEC. 
204. 
PILOT 
PROJECTS 
TO 
IMPLEMENT 
CALFED 
INVASIVE SPECIES PROGRAM. 
(a) IN GENERAL.—Not later than January 1, 2017, 
the Secretary of the Interior, in collaboration with the Sec-
retary of Commerce, the Director of the California De-
partment of Fish and Wildlife, and other relevant agencies 
and interested parties, shall begin pilot projects to imple-
ment the invasive species control program authorized pur-
suant to section 103(d)(6)(A)(iv) of Public Law 108–361 
(118 Stat. 1690).
(b) REQUIREMENTS.—The pilot projects shall— 
(1) seek to reduce invasive aquatic vegetation, 
predators, and other competitors which contribute to 
the decline of native listed pelagic and anadromous 
species that occupy the Sacramento and San Joa-
quin Rivers and their tributaries and the Sac-
ramento-San Joaquin Bay-Delta; and 
(2) remove, reduce, or control the effects of spe-
cies, including Asiatic clams, silversides, gobies, Bra-
zilian water weed, water hyacinth, largemouth bass, 
smallmouth bass, striped bass, crappie, bluegill, 
white and channel catfish, and brown bullheads. 
(c) SUNSET.—The authorities provided under this 
subsection shall expire seven years after the Secretaries 
commence implementation of the pilot projects pursuant 
to subsection (a). 
(d) EMERGENCY ENVIRONMENTAL REVIEWS.—To 
expedite the environmentally beneficial programs for the 
conservation of threatened and endangered species, the 
Secretaries shall consult with the Council on Environ-
mental Quality in accordance with section 1506.11 of title 
40, Code of Federal Regulations (or successor regula-
tions), to develop alternative arrangements to comply with 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for the projects pursuant to subsection (a).
TITLE III—OPERATIONAL FLEXI-
BILITY AND DROUGHT RE-
LIEF 
SEC. 301. 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 (Public Law 102–575; 106 Stat. 
4707). 
(2) RECLAMATION PROJECT.—The term ‘‘Rec-
lamation Project’’ means a project constructed pur-
suant to the authorities of the reclamation laws and 
whose facilities are wholly or partially located in the 
State. 
(3) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) the Secretary of Agriculture; 
(B) the Secretary of Commerce; and 
(C) the Secretary of the Interior. 
(4) 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.
(5) STATE.—The term ‘‘State’’ means the State 
of California. 
SEC. 
302. 
OPERATIONAL 
FLEXIBILITY 
IN 
TIMES 
OF 
DROUGHT. 
(a) WATER SUPPLIES.—For the period of time such 
that in any year that the Sacramento Valley Index is 6.5 
or lower, or at the request of the State of California, and 
until two succeeding years following either of those events 
have been completed where the final Sacramento Valley 
Index is 7.8 or greater, the Secretaries shall provide the 
maximum quantity of water supplies practicable to all in-
dividuals or district who receive Central Valley Project 
water under water service or repayments contracts, water 
rights settlement contracts, exchange contracts, or refuge 
contracts or agreements entered into prior to or after the 
date of enactment of this title; State Water Project con-
tractors, and any other tribe, locality, water agency, or 
municipality in the State, by approving, consistent with 
applicable laws (including regulations), projects and oper-
ations to provide additional water supplies as quickly as 
practicable based on available information to address the 
emergency conditions. 
(b) ADMINISTRATION.—In carrying out subsection 
(a), the Secretaries shall, consistent with applicable laws 
(including regulations)—
(1) issue all necessary permit decisions under 
the authority of the Secretaries not later than 30 
days after the date on which the Secretaries receive 
a completed application from the State to place and 
use temporary barriers or operable gates in Delta 
channels to improve water quantity and quality for 
the State Water Project and the Central Valley 
Project south of Delta water contractors and other 
water users, on the condition that the barriers or op-
erable gates— 
(A) do not result in a significant negative 
impact on the long-term survival of listed spe-
cies within the Delta and provide benefits or 
have a neutral impact on in-Delta water user 
water quality; and 
(B) are designed so that formal consulta-
tions under section 7 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1536) are not nec-
essary; 
(2) require the Director of the United States 
Fish and Wildlife Service and the Commissioner of 
Reclamation— 
(A) to complete, not later than 30 days 
after the date on which the Director or the 
Commissioner receives a complete written re-
quest for water transfer, all requirements under 
the National 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 the 
request; and 
(B) to approve any water transfer request 
described in subparagraph (A) to maximize the 
quantity of water supplies available for non-
habitat uses, on the condition that actions asso-
ciated with the water transfer comply with ap-
plicable Federal laws (including regulations); 
(3) adopt a 1:1 inflow to export ratio, as meas-
ured as a 3-day running average at Vernalis during 
the period beginning on April 1, and ending on May 
31, absent a determination in writing that a more 
restrictive inflow to export ratio is required to avoid 
a significant negative impact on the long-term sur-
vival of a listed salmonid species under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.); 
provided that the 1:1 inflow to export ratio shall 
apply for the increment of increased flow of the San 
Joaquin River resulting from the voluntary sale, 
transfers, or exchanges of water from agencies with 
rights to divert water from the San Joaquin River
or its tributaries and provided that the 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 and provided that movement of the 
Central Valley Project water is consistent with the 
requirements of section 3405(a)(1)(H) of the Cen-
tral Valley Project Improvement Act; and 
(4) allow and facilitate, consistent with existing 
priorities, water transfers through the C.W. ‘‘Bill’’ 
Jones Pumping Plant or the Harvey O. Banks 
Pumping Plant from April 1 to November 30 pro-
vided water transfers comply with State law, includ-
ing the California Environmental Quality Act. 
(c) ACCELERATED PROJECT DECISION
AND ELE-
VATION.— 
(1) IN GENERAL.—On request by the Governor 
of the State, the Secretaries shall use the expedited 
procedures under this subsection to make final deci-
sions relating to a Federal project or operation, or 
to local or State projects or operations that require 
decisions by the Secretary of the Interior or the Sec-
retary of Commerce to provide additional water sup-
plies if the project’s or operation’s purpose is to pro-
vide relief for emergency drought conditions pursu-
ant to subsections (a) and (b). 
(2) REQUEST FOR RESOLUTION.— 
(A) IN GENERAL.—On request by the Gov-
ernor of the State, the Secretaries referenced in 
paragraph (1), 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 relief for emergency drought condi-
tions. 
(B) MEETING.—The Secretary of the Inte-
rior shall convene a meeting requested under 
subparagraph (A) not later than 7 days after 
the date on which the meeting request is re-
ceived. 
(3) NOTIFICATION.—On receipt of a request for 
a meeting under paragraph (2), the Secretary of the 
Interior shall notify the heads of all relevant Federal 
agencies of the request, including information on the 
project to be reviewed and the date of 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, 
subject to subsection (e)(2). 
(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). 
(d) APPLICATION.—To the extent that a Federal 
agency, other than the agencies headed by the Secretaries, 
has a role in approving projects described in subsections 
(a) and (b), this section shall apply to those Federal agen-
cies. 
(e) LIMITATION.—Nothing in this section authorizes 
the Secretaries to approve projects— 
(1) that would otherwise require congressional 
authorization; or 
(2) without following procedures required by 
applicable law. 
(f) DROUGHT PLAN.—For the period of time such 
that in any year that the Sacramento Valley index is 6.5 
or lower, or at the request of the State of California, and 
until two succeeding years following either of those events 
have been completed where the final Sacramento Valley 
Index is 7.8 or greater, the Secretaries of Commerce and
the Interior, in consultation with appropriate State offi-
cials, shall develop a drought operations plan that is con-
sistent with the provisions of this Act including the provi-
sions that are intended to provide additional water sup-
plies that could be of assistance during the current 
drought. 
SEC. 303. OPERATION OF CROSS-CHANNEL GATES. 
(a) IN GENERAL.—The Secretary of Commerce and 
the Secretary of the Interior shall jointly— 
(1) authorize and implement activities 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 for the duration of the 
drought emergency declaration of the State, and for 
the period of time such that in any year that the 
Sacramento Valley index is 6.5 or lower, or at the 
request of the State of California, and until two suc-
ceeding years following either of those events have 
been completed where the final Sacramento Valley 
Index is 7.8 or greater, consistent with operational 
criteria and monitoring criteria set forth into the 
Order Approving a Temporary Urgency Change in
License and Permit Terms in Response to Drought 
Conditions of the California State Water Resources 
Control Board, effective January 31, 2014 (or a suc-
cessor order) and other authorizations associated 
with it; 
(2) with respect to the operation of the Delta 
Cross Channel Gates described in paragraph (1), 
collect data on the impact of that operation on— 
(A) species listed as threatened or endan-
gered under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(B) water quality; and 
(C) water supply; 
(3) collaborate with the California Department 
of Water Resources to install a deflection barrier at 
Georgiana Slough in coordination with Delta Cross 
Channel Gate diurnal operations to protect migrat-
ing salmonids, consistent with knowledge gained 
from activities carried out during 2014 and 2015; 
(4) evaluate the combined salmonid survival in 
light of activities carried out pursuant to paragraphs 
(1) through (3) in deciding how to operate the Delta 
Cross Channel gates to enhance salmonid survival 
and water supply benefits; and
(5) not later than May 15, 2016, submit to the 
appropriate committees of the House of Representa-
tives and the Senate a notice and explanation on the 
extent to which the gates are able to remain open. 
(b) RECOMMENDATIONS.—After assessing the infor-
mation collected under subsection (a), the Secretary of the 
Interior shall recommend revisions to the operation of the 
Delta Cross-Channel Gates, to the Central Valley Project, 
and to the State Water Project, including, if appropriate, 
any reasonable and prudent alternative contained in the 
biological opinion issued by the National Marine Fisheries 
Service on June 4, 2009, that are likely to produce water 
supply benefits without causing a significant negative im-
pact on the long-term survival of the listed fish species 
within the Delta or on water quality. 
SEC. 304. FLEXIBILITY FOR EXPORT/INFLOW RATIO. 
For the period of time such that in any year that 
the Sacramento Valley index is 6.5 or lower, or at the re-
quest of the State of California, and until two succeeding 
years following either of those events have been completed 
where the final Sacramento Valley Index is 7.8 or greater, 
the Commissioner of the Bureau of Reclamation shall con-
tinue to vary the averaging period of the Delta Export/ 
Inflow ratio pursuant to the California State Water Re-
sources Control Board decision D1641—
(1) to operate to a 35-percent Export/Inflow 
ratio with a 3-day averaging period on the rising 
limb of a Delta inflow hydrograph; and 
(2) to operate to a 14-day averaging period on 
the falling limb of the Delta inflow hydrograph. 
SEC. 305. EMERGENCY ENVIRONMENTAL REVIEWS. 
(a) NEPA COMPLIANCE.—To minimize the time 
spent carrying out environmental reviews and to deliver 
water quickly that is needed to address emergency drought 
conditions in the State during the duration of an emer-
gency drought declaration, the Secretaries shall, in car-
rying out this Act, consult with the Council on Environ-
mental Quality in accordance with section 1506.11 of title 
40, Code of Federal Regulations (including successor reg-
ulations), to develop alternative arrangements to comply 
with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) during the emergency. 
(b) DETERMINATIONS.—For the purposes of this sec-
tion, a Secretary may deem a project to be in compliance 
with all necessary environmental regulations and reviews 
if the Secretary determines that the immediate implemen-
tation of the project is necessary to address— 
(1) human health and safety; or 
(2) a specific and imminent loss of agriculture 
production upon which an identifiable region de-
pends for 25 percent or more of its tax revenue used 
to support public services including schools, fire or 
police services, city or county health facilities, unem-
ployment services or other associated social services. 
SEC. 306. INCREASED FLEXIBILITY FOR REGULAR PROJECT 
OPERATIONS. 
The Secretaries shall, consistent with applicable laws 
(including regulations)— 
(1) in coordination with the California Depart-
ment of Water Resources and the California Depart-
ment of Fish and Wildlife, implement offsite up-
stream projects in the Delta and upstream of the 
Sacramento River and San Joaquin basins that off-
set the effects on species listed as threatened or en-
dangered under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) due to activities carried out 
pursuant this Act, as determined by the Secretaries; 
(2) manage reverse flow in the Old and Middle 
Rivers at ¥6,100 cubic feet per second if real-time 
monitoring indicates that flows of ¥6,100 cubic feet 
per second or more negative can be established for 
specific periods without causing a significant nega-
tive impact on the long-term survival of the Delta 
smelt, or if real-time monitoring does not support 
flows of ¥6,100 cubic feet per second than manage
OMR flows at ¥5,000 cubic feet per second subject 
to section 103(e) (3) and (4); and 
(3) use all available scientific tools to identify 
any changes to real-time operations of the Bureau of 
Reclamation, State, and local water projects that 
could result in the availability of additional water 
supplies. 
SEC. 307. TEMPORARY OPERATIONAL FLEXIBILITY FOR 
FIRST FEW STORMS OF THE WATER YEAR. 
(a) IN GENERAL.—Consistent with avoiding a signifi-
cant negative impact on the long-term survival in the short 
term upon listed fish species beyond the range of those 
authorized under the Endangered Species Act of 1973 and 
other environmental protections under subsection (e), the 
Secretaries shall authorize the Central Valley Project and 
the State Water Project, combined, to operate at levels 
that result in negative OMR flows at ¥7,500 cubic feet 
per second (based on United States Geological Survey 
gauges on Old and Middle Rivers) daily average for 56 
cumulative days after October 1 as described in subsection 
(c). 
(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 ENDANGERED SPECIES ACT 
AUTHORIZATIONS.—In carrying out this section, the Sec-
retaries may continue to impose any requirements under 
the smelt and salmonid biological opinions during any pe-
riod of temporary operational flexibility as they determine 
are reasonably necessary to avoid an additional significant 
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, provided that the re-
quirements imposed do not reduce water supplies available 
for the Central Valley Project and the State Water 
Project. 
(d) OTHER ENVIRONMENTAL PROTECTIONS.— 
(1) STATE
LAW.—The Secretaries’ actions 
under this section shall be consistent with applicable 
regulatory requirements under State law. 
(2) FIRST SEDIMENT FLUSH.—During the first 
flush of sediment out of the Delta in each water 
year, and provided that such determination is based 
upon objective evidence, OMR flow may be managed 
at rates less negative than ¥5,000 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) APPLICABILITY OF OPINION.—This section 
shall not affect the application of the salmonid bio-
logical opinion from April 1 to May 31, unless the 
Secretary of Commerce finds that some or all of 
such applicable requirements may be adjusted dur-
ing this time period to provide emergency water sup-
ply relief without resulting in additional adverse ef-
fects beyond those authorized under the Endangered 
Species Act of 1973. In addition to any other ac-
tions to benefit water supply, the Secretary of the 
Interior and the Secretary of Commerce shall con-
sider allowing through-Delta water transfers to 
occur during this period if they can be accomplished 
consistent with section 3405(a)(1)(H) of the Central 
Valley Project Improvement Act. Water transfers 
solely or exclusively through the State Water Project 
are not required to be consistent with section 
3405(a)(1)(H) of the Central Valley Project Im-
provement Act.
(4) MONITORING.—During operations under 
this section, the Commissioner of Reclamation, in 
coordination with the Fish and Wildlife Service, Na-
tional Marine Fisheries Service, and California De-
partment of Fish and Wildlife, shall undertake a 
monitoring program and other data gathering to en-
sure 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 En-
dangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.). 
(e) TECHNICAL ADJUSTMENTS
TO TARGET PE-
RIOD.—If, before temporary operational flexibility has 
been implemented on 56 cumulative days, the Secretaries 
operate the Central Valley Project and the State Water 
Project combined at levels that result in OMR flows less 
negative than ¥7,500 cubic feet per second during days 
of temporary operational flexibility as defined in sub-
section (c), the duration of such operation shall not be 
counted toward the 56 cumulative days specified in sub-
section (a). 
(f) EMERGENCY CONSULTATION; EFFECT ON RUN-
NING AVERAGES.—
(1) If necessary to implement the provisions of 
this section, the Commissioner is authorized to take 
any action necessary to implement this section for 
up to 56 cumulative days. If during the 56 cumu-
lative days the Commissioner determines that ac-
tions necessary to implement this section will exceed 
56 days, the Commissioner shall use the emergency 
consultation procedures under the Endangered Spe-
cies Act of 1973 and its implementing regulation at 
section 402.05 of title 50, Code of Federal Regula-
tions, to temporarily adjust the operating criteria 
under the biological opinions— 
(A) solely for extending beyond the 56 cu-
mulative days for additional days of temporary 
operational flexibility— 
(i) no more than necessary to achieve 
the purposes of this section consistent with 
the environmental protections in sub-
sections (d) and (e); and 
(ii) including, as appropriate, adjust-
ments to ensure that the actual flow rates 
during the periods of temporary oper-
ational flexibility do not count toward the 
5-day and 14-day running averages of
tidally filtered daily OMR flow require-
ments under the biological opinions, or 
(B) for other adjustments to operating cri-
teria or to take other urgent actions to address 
water supply shortages for the least amount of 
time or volume of diversion necessary as deter-
mined by the Commissioner. 
(2) Following the conclusion of the 56 cumu-
lative days of temporary operational flexibility, or 
the extended number of days covered by the emer-
gency consultation procedures, the Commissioner 
shall not reinitiate consultation on these adjusted 
operations, and no mitigation shall be required, if 
the effects on listed fish species of these operations 
under this section remain within the range of those 
authorized under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). If the Commissioner 
reinitiates consultation, no mitigation measures shall 
be required. 
(g) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.— 
In articulating the determinations required under this sec-
tion, the Secretaries shall fully satisfy the requirements 
herein but shall not be expected to provide a greater level 
of supporting detail for the analysis than feasible to pro-
vide within the short timeframe permitted for timely deci-
sionmaking in response to changing conditions in the 
Delta. 
SEC. 308. EXPEDITING WATER TRANSFERS. 
(a) IN GENERAL.—Section 3405(a) of the Central 
Valley Project Improvement Act (Public Law 102–575; 
106 Stat. 4709(a)) is amended— 
(1) by redesignating paragraphs (1) through 
(3) as paragraphs (4) through (6), respectively; 
(2) in the matter preceding paragraph (4) (as 
so designated)— 
(A) in the first sentence, by striking ‘‘In 
order to’’ and inserting the following: 
‘‘(1) IN GENERAL.—In order to’’; and 
(B) in the second sentence, by striking 
‘‘Except as provided herein’’ and inserting the 
following: 
‘‘(3) TERMS.—Except as otherwise provided in 
this section’’; 
(3) by inserting before paragraph (3) (as so 
designated) the following: 
‘‘(2) EXPEDITED TRANSFER OF WATER.—The 
Secretary shall take all necessary actions to facilitate 
and expedite transfers of Central Valley Project 
water in accordance with— 
‘‘(A) this Act;
‘‘(B) any other applicable provision of the 
reclamation laws; and 
‘‘(C) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).’’; 
(4) in paragraph (4) (as so designated)— 
(A) in subparagraph (A), by striking ‘‘to 
combination’’ and inserting ‘‘or combination’’; 
and 
(B) by striking ‘‘3405(a)(2) of this title’’ 
each place it appears and inserting ‘‘(5)’’; 
(5) in paragraph (5) (as so designated), by add-
ing at the end the following: 
‘‘(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 the proposal. If the contracting 
district or agency or the Secretary determines 
that the proposal is incomplete, the district or 
agency or the Secretary shall state with speci-
ficity what must be added to or revised for the 
proposal to be complete.’’; and 
(6) in paragraph (6) (as so designated), by 
striking ‘‘3405(a)(1)(A)–(C), (E), (G), (H), (I), (L), 
and (M) of this title’’ and inserting ‘‘(A) through
(C), (E), (G), (H), (I), (L), and (M) of paragraph 
(4)’’. 
(b) CONFORMING AMENDMENTS.—The Central Val-
ley Project Improvement Act (Public Law 102–575) is 
amended— 
(1) in section 3407(c)(1) (106 Stat. 4726), by 
striking 
‘‘3405(a)(1)(C)’’ 
and 
inserting 
‘‘3405(a)(4)(C)’’; and 
(2) in section 3408(i)(1) (106 Stat. 4729), by 
striking ‘‘3405(a)(1) (A) and (J) of this title’’ and 
inserting ‘‘subparagraphs (A) and (J) of section 
3405(a)(4)’’. 
SEC. 309. ADDITIONAL EMERGENCY CONSULTATION. 
For adjustments to operating criteria other than 
under section 308 of this Act or to take urgent actions 
to address water supply shortages for the least amount 
of time or volume of diversion necessary as determined 
by the Commissioner of Reclamation, no mitigation meas-
ures shall be required during any year that the Sac-
ramento Valley index is 6.5 or lower, or at the request 
of the State of California, and until two succeeding years 
following either of those events have been completed where 
the final Sacramento Valley Index is 7.8 or greater, and 
any mitigation measures imposed must be based on quan-
schedule water, provided for under their Central Valley 
Project water service contracts, from one year to the next. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘existing Central Valley Project 
agricultural water service contractors within the 
Sacramento River Watershed’’ means water service 
contractors within the Shasta, Trinity, and Sac-
ramento River Divisions of the Central Valley 
Project, that have a water service contract in effect, 
on the date of the enactment of this section, that 
provides water for irrigation. 
(2) The year type terms used in subsection (a) 
have the meaning given those year types in the Sac-
ramento Valley Water Year Type (40–30–30) Index. 
SEC. 505. EFFECT ON EXISTING OBLIGATIONS. 
Nothing in this Act preempts or modifies any existing 
obligation of the United States under Federal reclamation 
law to operate the Central Valley Project in conformity 
with State law, including established water rights prior-
ities. 
TITLE VI—MISCELLANEOUS 
SEC. 601. AUTHORIZED SERVICE AREA. 
(a) IN GENERAL.—The authorized service area of the 
Central Valley Project authorized under the Central Valley 
Project Improvement Act (Public Law 102–575; 106 Stat.