IB 
Union Calendar No. 146 
114TH CONGRESS 
1ST SESSION H. R. 2898 
[Report No. 114–197, Part I] 
To provide drought relief in the State of California, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2015 
Mr. VALADAO (for himself, Mr. MCCARTHY, Mr. CALVERT, Mr. NUNES, Mr. 
LAMALFA, Mr. DENHAM, Mr. MCCLINTOCK, Mr. JOYCE, Mr. DIAZ- 
BALART, Mr. STEWART, Mr. SIMPSON, Mr. KNIGHT, Mr. COOK, Mr. 
RODNEY DAVIS of Illinois, Mrs. MIMI WALTERS of California, Mr. ROHR-
ABACHER, Mr. HUNTER, Mr. ROYCE, Mr. ISSA, Mr. ZINKE, Mr. COSTA, 
Mr. AMODEI, Mr. HARDY, Mr. TIPTON, Mr. NEWHOUSE, and Mrs. LUM-
MIS) introduced the following bill; which was referred to the Committee 
on Natural Resources, and in addition to the Committee on Agriculture, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
JULY 13, 2015 
Additional sponsor: Mr. GOSAR 
JULY 13, 2015 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 13, 2015 
The Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 25, 2015] 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
A BILL 
To provide drought relief in the State of California, and 
for other purposes. 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
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 
‘‘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. 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6213
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
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 pro-
viders. 
Sec. 607. Basin studies. 
Sec. 608. Operations of the Trinity River Division. 
Sec. 609. Amendment to purposes. 
Sec. 610. Amendment to definition. 
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. 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6213
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
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 experiencing 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 Cen-
tral Valley Project reservoir levels were at 20–35 per-
cent of capacity as of September 25, 2014. 
(4) The lack of precipitation has been a signifi-
cant contributing factor to the 6,091 fires experienced 
in the State as of September 15, 2014, and which cov-
ered nearly 400,000 acres. 
(5) According to a study released by the Univer-
sity 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 mil-
lion in dairy and other livestock value, and increased 
groundwater pumping costs by $454 million. The 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
statewide economic costs are estimated to be $2.2 bil-
lion, with over 17,000 seasonal and part-time agricul-
tural 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 in-
creased risk of disease at the remaining wetlands due 
to overcrowding of such birds. 
(8) The drought of 2013 through 2014 constitutes 
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 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
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 Sac-
ramento-San Joaquin River Delta and the demands 
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 regu-
latory changes besides natural variations in hy-
drology during this timeframe range between 
720,000 and 1,100,000 acre-feet. 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
(B) For Central Valley Project and State 
Water Project water service contractors south of 
the Delta and north of the Tehachapi mountain 
range, if it is assumed that a water supply def-
icit is the difference between reliable water sup-
plies, including maximum water contract deliv-
eries, 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 approxi-
mately 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 authorized 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
‘‘take’’ level of 33,480 delta smelt annually—accord-
ing to the biological opinion issued December 9, 1997. 
(13) In 2015, better information exists than was 
known in 2008 concerning conditions and operations 
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, monitoring 
fish movement and location in real-time, and improv-
ing water quality in the Delta can contribute signifi-
cantly to protecting and recovering these endangered 
fish species, and at potentially lower costs to water 
supplies. 
(15) Resolution of fundamental policy questions 
concerning the extent to which application of the En-
dangered Species Act of 1973 affects the operation 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. 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
(2) EXPORT PUMPING RATES.—The term ‘‘export 
pumping rates’’ means the rates of pumping at the 
C.W. ‘‘Bill’’ Jones Pumping Plant and the Harvey 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 ‘‘list-
ed salmonid species’’ means natural origin steelhead, 
natural origin genetic spring run Chinook, and ge-
netic winter run Chinook salmon including hatchery 
steelhead or salmon populations within the evolution-
ary significant unit (ESU) or distinct population 
segment (DPS). 
(5) NEGATIVE IMPACT ON THE LONG-TERM SUR-
VIVAL.—The term ‘‘negative impact on the long-term 
survival’’ means to reduce appreciably the likelihood 
of the survival of a listed species in the wild by reduc-
ing the reproduction, numbers, or distribution 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 SEC-
OND.—The term ‘‘OMR flow of ¥5,000 cubic feet per 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
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 biological 
opinion issued by the National Marine Fisheries 
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: 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
(1) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the United States Fish and Wildlife Serv-
ice. 
(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 ‘‘Commissioner’’ 
means the Commissioner of the Bureau of Reclama-
tion. 
SEC. 102. REVISE INCIDENTAL TAKE LEVEL CALCULATION 
FOR 
DELTA 
SMELT 
TO 
REFLECT 
NEW 
SCIENCE. 
(a) REVIEW AND MODIFICATION.—Not later than Octo-
ber 1, 2016, and at least every five years thereafter, the Di-
rector, 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 method used 
to calculate the incidental take levels for adult and larval/ 
juvenile Delta smelt in the smelt biological opinion that 
takes into account all life stages, among other consider-
ations— 
(1) salvage information collected since at least 
1993; 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
(2) updated or more recently developed statistical 
models; 
(3) updated scientific and commercial data; and 
(4) the most recent information regarding the en-
vironmental factors affecting Delta smelt salvage. 
(b) MODIFIED INCIDENTAL TAKE LEVEL.—Unless the 
Director determines in writing that one or more of the re-
quirements described in paragraphs (1) through (4) are not 
appropriate, the modified incidental take level described 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 biological 
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 percent 
upper prediction interval derived from simulated sal-
vage rates since at least 1993. 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
SEC. 103. FACTORING INCREASED REAL-TIME MONITORING 
AND UPDATED SCIENCE INTO DELTA SMELT 
MANAGEMENT. 
(a) IN GENERAL.—The Director shall use the best sci-
entific and commercial data available to implement, con-
tinuously evaluate, and refine or amend, as appropriate, 
the reasonable and prudent alternative described in the 
smelt biological opinion, and any successor opinions or 
court order. The Secretary shall make all significant deci-
sions under the smelt biological opinion, or any successor 
opinions that affect Central Valley Project and State Water 
Project operations, in writing, and shall document the sig-
nificant facts upon which such decisions are made, con-
sistent with section 706 of title 5, United States Code. 
(b) INCREASED MONITORING TO INFORM REAL-TIME 
OPERATIONS.—The Secretary shall conduct additional sur-
veys, on an annual basis at the appropriate time of the 
year based on environmental conditions, in collaboration 
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 deter-
mine the extent that adult Delta smelt are dis-
tributed in relation to certain levels of turbidity, 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
or other environmental factors that may influ-
ence salvage rate; and 
(B) use results from appropriate survey 
methods for the detection of Delta smelt to deter-
mine how the Central Valley Project and State 
Water Project may be operated more efficiently 
to minimize salvage while maximizing export 
pumping rates without causing a significant 
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 suc-
cessive December through March period, if suspended 
sediment loads enter the Delta from the Sacramento 
River and the suspended sediment loads appear 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 de-
termine the extent that adult Delta smelt are 
moving with turbidity toward the export pumps; 
and 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
(B) use results from the monitoring surveys 
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 maxi-
mizing export pumping rates without causing a 
significant negative impact on the long-term sur-
vival 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 monitoring 
programs for the Delta, is providing sufficient data to 
inform Central Valley Project and State Water 
Project operations to minimize salvage while maxi-
mizing export pumping rates without causing a sig-
nificant 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 provide 
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 Sec-
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
retary, in collaboration with the California Depart-
ment of Fish and Wildlife, the California Department 
of Water Resources, public water agencies, and other 
interested entities, shall implement new targeted sam-
pling and monitoring specifically designed to under-
stand Delta smelt abundance, distribution, 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 wetland 
channels, near-shore water, depths below 35 feet, 
and shallow water; and 
(D) use survey methods, including sampling 
gear, best suited to collect the most accurate data 
for the type of sampling or monitoring. 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
(e) SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF 
OMR FLOW REQUIREMENTS.—In implementing the provi-
sions of the smelt biological opinion, or any successor bio-
logical opinion or court order, pertaining to management 
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 pump-
ing rates to achieve a reverse OMR flow rate of 
¥5,000 cubic feet per second unless information de-
veloped 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 Secretary indi-
cates 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 Secretary shall 
manage export pumping rates to achieve that more 
negative OMR flow rate; 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
(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 condi-
tions that OMR flow of ¥5,000 cubic feet per 
second or higher will cause a significant negative 
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 through-
out the Delta; 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS