IIB 
114TH CONGRESS 
1ST SESSION H. R. 2898 
IN THE SENATE OF THE UNITED STATES 
JULY 21, 2015 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To provide drought relief in the State of California, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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. 
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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 
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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 
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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 
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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. 
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(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-
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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, 
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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. 
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(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. 
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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 
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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; 
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(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 
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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 
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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 
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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; 
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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— 
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