I
104TH CONGRESS
1ST SESSION
H. R. 1906
To amend the Central Valley Project Improvement Act, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 21, 1995
Mr. DOOLITTLE (for himself, Mr. RADANOVICH, Mr. CONDIT, Mr. THOMAS,
Mr. HERGER, Mr. FAZIO of California, Mr. POMBO, and Mr. DOOLEY)
introduced the following bill; which was referred to the Committee on Re-
sources
A BILL
To amend the Central Valley Project Improvement Act, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Central Valley Project
Reform Act of 1995’’.
SEC. 2. PURPOSE.
Section 3402(f) of the Central Valley Project Im-
provement Act (106 Stat. 4706) is amended to read as
follows:
‘‘(f) to require that the Secretary operate the
Central Valley Project in a manner to achieve a rea-
sonable balance among competing demands for use
of Central Valley Project water, including the re-
quirements of fish and wildlife, agricultural, munici-
pal and industrial and power contractors.’’.
SEC. 3. DEFINITIONS.
(a) ANADROMOUS FISH.—Section 3403(a) of the
Central Valley Project Improvement Act (106 Stat. 4707)
is amended to read as follows:
‘‘(a) the term ‘anadromous fish’ means those
stocks of Salmon (including steelhead) that ascend
the Sacramento and San Joaquin rivers and their
tributaries and the Sacramento-San Joaquin Delta
to reproduce after maturing in San Francisco Bay
or the Pacific Ocean;’’.
(b) CENTRAL VALLEY PROJECT WATER.—Section
3403(f) of the Central Valley Project Improvement Act
(106 Stat. 4707) is amended to read as follows:
‘‘(f) the term ‘Central Valley Project water’
means all water that is developed, diverted, stored,
or delivered by the Secretary in accordance with the
statutes authorizing the Central Valley Project and
in accordance with the terms and conditions of water
pleted. Contracts which expire prior to the comple-
tion of the environmental impact statement required
by section 3409 shall, upon request of the other con-
tracting party, be renewed for an interim period
ending on the date on which the long-term renewal
with respect to each such contract becomes effective.
Such interim renewal contracts shall be modified to
comply with existing law, including provisions of this
title. Upon request of the other contracting party,
the Secretary shall execute an amendment to extend
the term of any interim renewal contract entered
into under this paragraph before the enactment of
the Central Valley Project Reform Act of 1995 in
accordance with this title. Notwithstanding any
other provision of law, all contracts renewed by the
Secretary since January 1, 1988, but before the en-
actment of this title are hereby validated and rati-
fied in all respects as of their respective dates of
execution, except that all water delivered pursuant to
such renewed contracts shall be subject to payment
of the charges mandated in sections 3406(c)(1)(D)
and 3407(d) of this title.
‘‘(2) Upon renewal of any long-term repayment
or water service contract providing for the delivery
of water from the Central Valley Project, the Sec-
retary shall incorporate all requirements imposed by
existing law, including provisions of this title, within
such renewed contracts. The Secretary shall also ad-
minister all existing, new, and renewed contracts in
conformance with the requirements and goals of this
title.’’; and
(2) by adding at the end thereof the following
new subsection:
‘‘(d) Contracts entered into or renewed pursuant to
this section shall, upon request of the other contracting
party, include a provision which requires the Secretary to
charge such party only for water actually delivered by the
Secretary.’’.
SEC. 5. WATER TRANSFERS, IMPROVED WATER MANAGE-
MENT AND CONSERVATION.
(a) CONDITIONS FOR TRANSFER.—The matter pre-
ceding subparagraph (A) in section 3405(a)(1) of the
Central Valley Project Improvement Act (106 Stat. 4710)
is amended to read as follows:
‘‘(1) CONDITIONS FOR TRANSFERS.—All trans-
fers of Central Valley Project water authorized by
the subsection shall be subject to review and ap-
proval by the Secretary and the contracting district
or agency under the conditions specified in this sub-
section:’’.
(b) 
TECHNICAL
AMENDMENT.—Section
3405(a)(1)(A) of the Central Valley Project Improvement
Act (106 Stat. 4710) is amended by striking ‘‘to combina-
tion’’ and inserting ‘‘or combination’’.
(c) APPROVAL OF TRANSFER REQUEST.—Subpara-
graphs (J), (K), (L), and (M) of section 3405(a)(1) of
the Central Valley Project Improvement Act (106 Stat.
4711) are amended to read as follows:
‘‘(J) The contracting district or agency
shall either approve the transfer request subject
to reasonable conditions or deny the transfer re-
quest subject to making findings supporting a
reasonable basis for the denial. The conditions
or findings shall only relate to the proposed
transfer’s impacts on any of the following:
‘‘(i) The quantity and quality of the
water supply available to the contracting
district or agency and its water users, in-
cluding impacts to ground water quantity
and quality.
‘‘(ii) The contracting district or agen-
cy’s operations, including (but not limited
to) the ability of the contracting district or
agency to meet its delivery obligations, ob-
tain additional water supplies, and under-
take conservation measures, exchanges,
transfers, ground water storage, water
banking arrangements, or conjunctive use
programs.
‘‘(iii) The contracting district or agen-
cy’s financial condition and the cost of pro-
viding water service.
‘‘(iv) The appropriate maintenance of
fallowed land.
‘‘(v) Other relevant factors that may
create an adverse financial, operations or
water supply impact on the contracting
district or agency, its water users, or the
local community.
‘‘(K) The Secretary shall not alter an ap-
proval or denial by the contracting district or
agency under subparagraph (J) of this section
unless the Secretary determines, consistent with
paragraph 3405(a)(2) of this title, that such
transfer would result in a significant reduction
in the quantity or decrease in the quality of
water supplies currently used for fish and wild-
life purposes, except in the event that the Sec-
retary determines pursuant to findings setting
forth the basis for such determination that such
adverse effects would be more than offset by
the benefits of the proposed transfer. In the
event of such a determination, the Secretary
shall develop and implement alternative meas-
ures and mitigation activities as integral and
concurrent elements of any such transfer to
provide fish and wildlife benefits substantially
equivalent to those lost as a consequence of
such transfer.
‘‘(L) Transfers between Central Valley
Project contractors within counties, watersheds,
or other areas of origin, as those terms are uti-
lized under California law, shall be deemed to
meet the conditions set forth in subparagraphs
(A) and (I) of this paragraph.’’.
(d) TRANSFERS AFTER SEPTEMBER 30, 1999.—Sec-
tion 3405(a)(3) of the Central Valley Project Improve-
ment Act (106 Stat. 4712) is amended to read as follows:
‘‘(3) TRANSFERS AFTER SEPTEMBER 30, 1999.—
Transfers executed after September 30, 1999, shall
only be governed by the provisions of sections
3405(a)(1)(A)–(C), (E), (F), (G), (H), (I), (K), and
(L) of this title, and by State law.’’.
(e) TRANSFERS, EXCHANGES, AND BANKING AR-
RANGEMENTS UNDER PRIOR LAW.—Section 3405(a) of
the Central Valley Project Improvement Act (106 Stat.
4709) is amended by adding at the end the following:
‘‘(4) TRANSFERS, EXCHANGES, AND BANKING
ARRANGEMENTS UNDER PRIOR LAW.—Notwithstand-
ing any other provision of law, the authority to make
transfers, exchanges, and banking arrangements of
Central Valley Project water which could have been
conducted prior to the enactment of this title is con-
tinued hereby, and such transfers, exchanges, and
banking arrangements shall not be subject to, lim-
ited, or conditioned by this title.’’.
(f) MEASUREMENT OF WATER USE REQUIRED.—
The heading of subsection (b) of section 3405 of the
Central Valley Project Improvement Act (106 Stat. 4712)
is amended by striking ‘‘METERING’’ and inserting
‘‘MEASUREMENT’’.
(g) WATER CONSERVATION STANDARDS.—Section
3405 of the Central Valley Project Improvement Act (106
Stat. 4709) is amended by striking out subsection (d), re-
designating subsections (e) and (f) as subsections (d) and
(e), and amending subsections (d) and (e) (as so redesig-
nated) to read as follows:
‘‘(d) WATER CONSERVATION STANDARDS.—(1) The
Secretary shall establish and administer an office of
Central Valley Project water conservation best manage-
ment practices that shall, in consultation with the Sec-
retary of Agriculture, the California Department of Water
Resources, California academic institutions, and Central
Valley Project water users, develop criteria for evaluating
the adequacy of all water conservation plans developed by
project contractors, including those plans required by sec-
tion 210 of the Reclamation Reform Act of 1982. In devel-
oping the criteria described in this paragraph for refuges,
in addition to consulting with the Secretary of Agriculture,
the California Department of Water Resources, California
academic institutions, and Central Valley Project water
users, the Secretary shall consult with the California De-
partment of Fish and Game.
‘‘(2) Criteria developed pursuant to this subsection
shall apply only to Central Valley Project water and shall
be established within six months following enactment of
this title and shall be reviewed periodically thereafter, but
no less than every five years, with the purpose of promot-
ing the highest level of water use efficiency reasonably
achievable by project contractors using best available cost-
effective technology and best management practices. The
criteria shall include, but not be limited to agricultural
water suppliers’ efficient water management practices de-
veloped pursuant to California State law or reasonable al-
ternatives. The conservation guidelines and criteria may
include only those management practices and conservation
measures which (A) are demonstrated by the Secretary to
achieve significant water conservation and efficient man-
agement of water resources without unreasonably burden-
ing project contractors or their water users, (B) are dem-
onstrated by the Secretary to be practices or measures
that are cost-effective and economically feasible under ap-
plicable circumstances, and (C) take into consideration the
amount of water under contract to the project contractor,
probable Central Valley Project water supply, economic re-
sources, geography, and other factors relevant to that
project contractor.
‘‘(3) The Secretary, through the office established
under this subsection, shall review and evaluate within 18
months following enactment of this title all existing con-
servation plans submitted by project contractors to deter-
mine whether they meet the conservation and efficiency
criteria established pursuant to this subsection.
‘‘(4) The Secretary shall approve or disapprove a
water conservation plan within 90 days after such plan
is submitted under this subsection. A water conservation
plan shall be deemed to be approved if the Secretary fails
to approve or disapprove such plan within such 90-day pe-
riod.
‘‘(5) Water conserved by a project contractor or
water user pursuant to a plan approved under this sub-
section shall accrue, in a manner consistent with State
law, to the benefit of such project contractor or water
user.
‘‘(6) Compliance with conservation guidelines and cri-
teria developed pursuant to this subsection shall be
deemed compliance with section 210 of the Reclamation
Reform Act of 1982 (43 U.S.C. 390jj).
‘‘(e) INCREASED REVENUES.—All increased revenues
received by the Secretary which exceed the cost of service
rate applicable to the delivery of water transferred from
irrigation use to municipal and industrial use under sub-
section (a) shall be covered to the Restoration Fund.’’.
SEC. 6. FISH, WILDLIFE AND HABITAT RESTORATION.
(a) SATISFACTION OF PURPOSES.—Section 3406 of
the Central Valley Project Improvement Act (106 Stat.
4714) is amended by adding at the end the following new
subsection:
‘‘(i) SATISFACTION OF PURPOSES.—By pursuing the
programs and activities authorized by this section, the
Secretary shall be deemed to have met the mitigation, pro-
tection, restoration, and enhancement purposes of section
2 of the Act of August 26, 1937 (ch. 832, 50 Stat. 850),
as amended.’’.
(b) FISH
AND WILDLIFE RESTORATION ACTIVI-
TIES.—(1) The matter preceding subparagraph (A) of sec-
tion 3406(b)(1) of the Central Valley Project Improve-
ment Act (106 Stat. 4714) is amended to read as follows:
‘‘(1) assist the State of California in pursuing
its goal of doubling production of anadromous fish
in Central Valley rivers and streams in accordance
with the program specified in the report prepared by
the California Department of Fish and Game enti-
tled ‘Central Valley Salmon and Steelhead Restora-
tion and Enhancement Plan’, dated April 1990,
through the actions specified in this subsection, with
priority given to those actions specified in para-
graphs (4) through (22): Provided, That this goal
shall not apply to the San Joaquin River between
Friant Dam and the Mendota Pool, for which sepa-
rate provision has been made under section 3406(c)
of this title: Provided further, That in the course of
assisting the State of California, the Secretary shall
make all reasonable efforts consistent with the re-
quirements of this section to address other identified
adverse environmental impacts of the Central Valley
Project not specifically enumerated in this section.’’.
(2) Subparagraphs (B) and (C) of section 3406(b)(1)
of the Central Valley Project Improvement Act (106 Stat.
4714) are amended to read as follows:
‘‘(B) As needed to achieve the goals of this
program, the Secretary is authorized and di-
rected to modify Central Valley Project oper-
ations to provide reasonable flows of suitable
quality, quantity, and timing to protect all life
stages of anadromous fish, except that such
flows shall be provided from the quantity of
water reserved for fish, wildlife, and habitat
restoration purposes under paragraph (2) of
this subsection; from the water supplies ac-
quired pursuant to paragraph (3) of this sub-
section; and from other sources which do not
conflict with fulfillment of the Secretary’s re-
maining contractual obligations to provide
Central Valley Project water for other author-
ized purposes. Reasonable instream flow needs
for all Central Valley Project controlled streams
and rivers shall be determined by the Secretary
based on recommendations of the United States
Fish and Wildlife Service after consultation
with the California Department of Fish and
Game.
‘‘(C) The Secretary shall cooperate with
the State of California to ensure that, to the
greatest degree practicable, the specific quan-
tities of Central Valley Project water reserved
and managed for fish and wildlife purposes
under this title are credited against any addi-
tional obligations of the Central Valley Project
which may be imposed by the State of Califor-
nia following enactment of this title, including
but not limited to increased flow and reduced
export obligations which may be imposed by the
California State Water Resources Control
Board in implementing San Francisco Bay/Sac-
ramento-San Joaquin Delta Estuary standards
pursuant to the review ordered by the Califor-
nia Court of Appeals in United States v. State
Water Resources Control Board, 182 Cal. App.
3d 82 (1986), and that, to the greatest degree
practicable, the programs and plans required by
this title are developed and implemented in a
way that avoids inconsistent or duplicative obli-
gations from being imposed upon Central Valley
Project water and power contractors.’’.
(3) Section 3406(b)(2) of the Central Valley Project
Improvement Act (106 Stat. 4714) is amended to read
as follows:
‘‘(2) upon enactment of this title, reserve and
manage annually 800,000 acre-feet of Central Valley
Project water, excluding any Central Valley Project
water delivered under the Contract for Exchange of
Waters described in subsection (c)(1)(C) of this sec-
tion for the purposes of (A) implementing the fish,
wildlife, and habitat restoration purposes and meas-
ures authorized by this title; (B) assisting the State
of California in its efforts to protect the waters of
the San Francisco Bay/Sacramento-San Joaquin
Delta Estuary; and (C) helping to meet such obliga-
tions as may be legally imposed upon the Central
Valley Project under State or Federal law following
the date of enactment of this title, including (but
not limited to) additional obligations under the En-
dangered Species Act of 1973: Provided, That all
Central Valley Project water used to assist the State
of California in its efforts to protect the water of the
San Francisco Bay/Sacramento-San Joaquin Delta
Estuary and to help meet such obligations as may
be legally imposed upon the Central Valley Project
under State or Federal law following the date of en-
actment of this title, including (but not limited to)
additional obligations under the Endangered Species
Act of 1973, is credited to the amount of Central
Valley Project water so reserved under this para-
graph: Provided further, That the Central Valley
Project water reserved under this paragraph shall
not be used to increase the flow of water through
the San Francisco Bay/Sacramento-San Joaquin
Delta Estuary beyond that required to meet the re-
quirements of the Bay/Delta Water Quality Control
Plan, as may be amended or modified, or the En-
dangered Species Act of 1973. To the fullest extent
possible and in accordance with section 3411 of this
title, after using a quantity of such 800,000 acre-
feet of water for fish and wildlife purposes pursuant
to this paragraph, the Secretary shall reuse or divert
such quantity of water for agricultural or municipal
and industrial purposes.
‘‘(A) Such quantity of water shall be in ad-
dition to the quantities needed to implement
subsection (d)(1) of this title and in addition to
all water allocated pursuant to paragraph (23)
of this subsection for release to the Trinity
River for the purposes of fishery restoration,
propagation, and maintenance; and shall be
supplemented by all water that comes under the
Secretary’s control pursuant to subsection
(b)(3), sections 3408(h)–(i), and through other
measures consistent with paragraph (1)(B) of
this subsection.
‘‘(B) Such quantity of water shall be man-
aged pursuant to reasonable conditions speci-
fied by the United States Fish and Wildlife
Service after consultation with the Bureau of
Reclamation and the California Department of
Water Resources and in cooperation with the
California Department of Fish and Game.
‘‘(C) The Secretary may temporarily re-
duce deliveries of the quantity of water reserved
under this paragraph up to 25 percent of such
total whenever reductions are imposed upon ag-
ricultural water service contractors; Provided,
That such reductions shall not exceed in per-
centage terms the reductions imposed on agri-
cultural water service contractors; Provided fur-
ther, That nothing in this subsection or sub-
section (d) shall require the Secretary to oper-
ate the project in a way that jeopardizes human
health or safety.
‘‘(D) If the quantity of water reserved
under this paragraph, or any portion thereof, is
not needed for the purposes of this section,
based on a finding by the Secretary, the Sec-
retary is authorized to make such water avail-
able for other project purposes.’’.
(4) Section 3406(b)(3) of the Central Valley Project
Improvement Act (106 Stat. 4716) is amended to read
as follows:
‘‘(3) develop and implement a program in co-
ordination and in conformance with the plan re-
quired under paragraph (1) of this subsection for
the acquisition of a water supply to supplement the
quantity of water reserved for fish and wildlife pur-
poses under paragraph (2) of this subsection and to
fulfill the Secretary’s obligations under subsection
(d)(2). The program should identify how the Sec-
retary intends to utilize, in particular the following
options: improvements in or modifications of the op-
erations of the project; water banking; conservation;
transfers; conjunctive use; and temporary and per-
manent land fallowing, including purchase, lease,
and option of water, water rights, and associated ag-
ricultural land.’’.
(5) Section 3406(b) of the Central Valley Project Im-
provement Act (106 Stat. 4714) is amended by striking
paragraph (18) and by redesignating paragraphs (19)
through (23) as paragraphs (18) through (22), respec-
tively.
(6) Section 3406(b)(22) of the Central Valley Project
Improvement Act (106 Stat. 4716), as amended by para-
graph (5) of this subsection, is amended to read as follows:
‘‘(22)(A) In order to meet Federal trust respon-
sibilities to protect the fishery resources of the
Hoopa Valley Tribe, and to meet the fishery restora-
tion goals of the Act of October 24, 1984, Public
Law 98–541, provide through the Trinity River Di-
vision, for water years 1992 through 1996, an
instream release of water to the Trinity River of not
less than three hundred and forty thousand acre-feet
per year for the purposes of fishery restoration,
propagation, and maintenance.
‘‘(B) By September 30, 1996, the Secretary,
after consultation with the Hoopa Valley Tribe, shall
complete the Trinity River Flow Evaluation Study
currently being conducted by the United States Fish
and Wildlife Service under the mandate of the
Secretarial
Decision
of
January 14, 1981, in a
manner which ensures the development of rec-
ommendations, based on the best available scientific
data, regarding permanent instream fishery flow re-
quirements and Trinity River Division operating cri-
teria and procedures for the restoration and mainte-
nance of the Trinity River fishery.
‘‘(C) Not later than December 31, 1996, the
Secretary shall forward the recommendations of the
Trinity River Flow Evaluation Study, referred to in
subparagraph (B) of this paragraph, to the Commit-
tee on Energy and Natural Resources and the Select
Committee on Indian Affairs of the Senate and the
Committee on Resources of the House of Represent-
atives. If the Secretary and the Hoopa Valley Tribe
concur in these recommendations, any increase to
the minimum Trinity River instream fishery releases
established under this paragraph and the operating
criteria and procedures referred to in subparagraph
(A) shall be implemented in accordance with sub-
paragraph (D). If the Hoopa Valley Tribe and the
Secretary do not concur, the minimum Trinity River
instream fishery releases established under subpara-
graph (A) shall remain in effect unless increased by
an Act of Congress, appropriate judicial decree, or
agreement between the Secretary and the Hoopa
Valley Tribe implemented in accordance with sub-
paragraph (D).
‘‘(D) The Secretary may only implement rec-
ommendations pursuant to the study referred to in
subparagraph (B) relating to instream flows through
a rulemaking process under chapter 5 of title 5,
United States Code (relating to administrative pro-
cedure), with a comment period of not less than 60
days and not more than 180 days. The studies and
data on which such recommendations are based shall
be available for public review.
‘‘(E) Any recommendation implemented pursu-
ant to subparagraph (D) shall provide for a variance
in the instream flow to take into account differing
hydrologic and reservoir storage conditions.
‘‘(F) Costs associated with implementation of
this paragraph shall be reimbursable as operation
and maintenance expenditures pursuant to existing
law.’’.
(7) Section 3406(c) of the Central Valley Project Im-
provement Act (106 Stat. 4721) is amended to read as
follows:
‘‘(c) SAN JOAQUIN
AND STANISLAUS RIVERS.—
(1)(A) In furtherance of the purposes of this title, the Sec-
retary shall cooperate with the State of California and
local agencies and entities that impound and/or divert
water tributary to the San Joaquin River in the develop-
ment and implementation of projects to—
‘‘(i) coordinate the flows in the Stanislaus,
Tuolumne, Merced, and San Joaquin Rivers and ex-
ports at the Tracy and Banks pumping plants to fa-
cilitate increased survival of San Joaquin River chi-
nook salmon;
‘‘(ii) develop and implement a program in the
San Joaquin River and its tributaries to identify, re-
store, and improve channel and riffle locations, to
clean spawning gravel of fine sediments, and to re-
duce sediment input from near stream and water-
shed areas due to erosion and land management
practices;
‘‘(iii)(I) establish a gene bank to ensure protec-
tion of San Joaquin River fall-run chinook salmon
genetic material in the event of catastrophic loss,
(II) selectively harvest hatchery fish to encourage in-
creases in wild stocks of San Joaquin River fall-run
chinook salmon, (III) mark all hatchery San Joaquin
River fall-run chinook salmon to allow their identi-
fication in ocean and inland fisheries, (IV) capture
and breed wild San Joaquin River fall-run chinook
salmon to enhance wild populations, and (V) estab-
lish a genetic advisory committee to provide advice
to the Secretary on the protection of San Joaquin
River fall-run chinook salmon genetic material,
which committee shall be composed of experts from
academia, fishery management agencies, and water
management agencies;
‘‘(iv) install a minimum of six telemetry devices
on the San Joaquin River and tributary channels for
the purposes of estimating the current overall water
quality conditions in the San Joaquin Basin, which
information shall be made available for water man-
agers to coordinate water management decisions;
‘‘(v) develop a plan to restore and manage the
riparian corridor of the San Joaquin River and its
tributaries, including areas on both sides of river
channels where flood frequency is sufficient to sus-
tain riparian vegetation with the goals to restore
areas where the corridor is gone and to develop ac-
tion items for riparian vegetation where the value of
fish and wildlife is reduced by land use practices;
‘‘(vi) initiate a program of screening water di-
versions in the San Joaquin River, its tributaries
and estuary, which program will locate, inventory,
prioritize and select candidate sites and include in-
stallation and long-term maintenance as necessary;
‘‘(vii) increase fall flows and install physical
and/or mechanical solutions as appropriate in the
Stanislaus, Tuolumne, and Merced rivers to attract
and provide access to adult San Joaquin River chi-
nook salmon and maintain suitable water tempera-
tures for spawning: Provided, That any increase in
flows shall be implemented only through purchase of
water from willing sellers, water augmentation
projects, and/or additional storage to increase export
flexibility or other similar voluntary means: Provided
further, That flow increases shall be integrated with
physical and mechanical solutions which can lead to
improved guidance flows and water quality in the
lower San Joaquin River, such as a barrier at the
head of Old River and/or an aeration device at
Rough and Ready Island;
‘‘(viii) evaluate methods to protect San Joaquin
River chinook salmon stocks in the ocean and estua-
rine fisheries, mark all hatchery-produced San Joa-
quin River chinook salmon, evaluate San Joaquin
River chinook salmon ‘shaker’ mortality, and coordi-
nate additional salmon management practices which
will contribute to increasing salmon reproduction
and survivability;
‘‘(ix) undertake measures to reduce salmon
predator populations in the San Joaquin River, its
tributaries, and other areas such as Clifton Court
Forebay, including (but not limited to) encouraging
predator harvest, voluntary increases in flows during
spring outmigration, reducing water temperatures in
summer, increasing turbidity during outmigration,
removing predator concentrating features, and modi-
fying channels to isolate predator habitat; and
‘‘(x) provide for the annual installation during
October to December of a barrier to divert returning
adult San Joaquin River chinook salmon from the
San Joaquin River into the Merced River, including
acquisition of a site at the confluence of the San
Joaquin River and the Merced River for barrier in-
stallation and operation;
‘‘(xi) provide resources to the San Joaquin
River Conservancy to assist in its overall efforts, in-
cluding, but not limited to, land acquisition, natural
resource surveys, and environmental studies that
may be necessary for successful implementation of
the San Joaquin River Parkway; and
‘‘(xii) provide one-third matching funds for the
annual operating budget for the hatchery at the
Tuolumne River Salmon Restoration Center.
‘‘(B) Funding for the projects described in subpara-
graph (A) shall be provided under sections 3407(b) and
3407(e). Funds provided pursuant to such sections may
not be used for any action to address fish, wildlife and
habitat concerns on the San Joaquin River downstream
from Friant Dam, including (but not limited to) stream
flow, channel, riparian habitat, and water quality improve-
ments, until the Secretary determines that such action is
reasonable, prudent and feasible. Any such action shall be
subject to subparagraph (C).
‘‘(C) The Congress hereby confirms that it is and has
been its intent to prohibit all releases of water directly
from Friant Dam into the San Joaquin River other than
for bona fide purposes of (i) flood control, (ii) satisfying
the requirements of that certain Contract for Exchange
of Waters dated July 27, 1939, between the United States
of America, the San Joaquin & Kings River Canal & Irri-
gation Company, Incorporated, the Columbia Canal Com-
pany, the San Luis Canal Company and the Firebaugh
Canal Company, as amended from time to time, or (iii)
satisfying those contractual obligations of the Secretary
which existed on the date of enactment of this title to pro-
vide water to landowners located between Friant Dam and
Gravelly Ford. Therefore, notwithstanding any State or
other Federal law, water shall not be released directly
from Friant Dam into the San Joaquin River except for
the purposes enumerated in clauses (i), (ii), and (iii) of
the preceding sentence.
‘‘(D) In lieu of releasing water directly from Friant
Dam into the San Joaquin River for any purposes of this
title, entities receiving Central Valley Project water from
the Friant Division of the Central Valley Project shall be
assessed, in addition to all other applicable charges, a sur-
charge for all Class 1 and Class 2 water delivered in an
amount that will result in collection, during each fiscal
year, of $6,000,000. Such surcharge shall be in the
amount of $4.00 per acre-foot and shall not apply to Class
2 water delivered in excess of 50 percent of the amount
of Class 2 water to which a contracting party is contrac-
tually entitled.
‘‘(E) Except as expressly provided in subparagraphs
(C) and (D), nothing contained in those subparagraphs
shall otherwise alter the applicability or inapplicability of
State or other Federal law to entities receiving Central
Valley Project water from the Friant Division of the
Central Valley Project.
‘‘(2) The Secretary shall, by not later than September
30, 1996, in the course of preparing the Stanislaus River
Basin and Calaveras River Water Use Program Environ-
mental Impact Statement and in consultation with the
State of California, affected counties, and other interests,
evaluate and determine existing and anticipated future
basin needs in the Stanislaus River Basin. In the course
of such evaluation, the Secretary shall investigate alter-
native storage, release, and delivery regimes, including but
not limited to conjunctive use operations, conservation
strategies, exchange arrangements, and the use of base
and channel maintenance flows, in order to best satisfy
both basin and out-of-basin needs consistent, on a continu-
ing basis, with the limitations and priorities established
in the Act of October 23, 1962 (76 Stat. 173). For the
purposes of this subparagraph, ‘basin needs’ shall include
water supply for agricultural, municipal and industrial
uses, and maintenance and enhancement of water quality,
and fish and wildlife resources within the Stanislaus River
Basin as established by the Secretary’s June 29, 1981
Record of Decision; and ‘out-of-basin’ needs shall include
all such needs outside of the Stanislaus River Basin, in-
cluding those of the San Francisco Bay/Sacramento-San
Joaquin Delta Estuary and those of the San Joaquin
River under paragraph (1) of this subsection.’’.
(8) Section 3406(d) of the Central Valley Project Im-
provement Act (106 Stat. 4722) is amended to read as
follows:
‘‘(d) CENTRAL VALLEY REFUGES
AND WILDLIFE
HABITAT AREAS.—(1) In support of the objectives of the
Central Valley Habitat Joint Venture and in furtherance
of the purposes of this title, the Secretary shall provide,
either directly or through contractual agreements with
other appropriate parties, firm water supplies of suitable
quality to maintain and improve wetland habitat areas on
units of the National Wildlife Refuge System in the
Central Valley of California; on the Gray Lodge, Los
Banos, Volta, North Grasslands, and Mendota state wild-
life management areas; and on the Grasslands Resources
Conservation District in the Central Valley of California.
‘‘(2) Upon enactment of this title and subject to para-
graph (8) of this subsection, the quantity and delivery
schedules of water measured at the boundaries of each
wetland habitat area described in this paragraph shall be
in accordance with level 2 of the ‘Dependable Water Sup-
ply Needs’ table for those habitat areas as set forth in
the Refuge Water Supply Report and two-thirds of the
water supply needed for full habitat development for those
habitat areas identified in the San Joaquin Basin Action
Plan/Kesterson Mitigation Action Plan Report prepared
by the Bureau of Reclamation. Such water shall be pro-
vided through long-term contractual agreements with ap-
propriate parties and shall be supplemented by the incre-
ment of water provided for in paragraph (3) of this sub-
section: Provided, That the Secretary shall be obligated
to provide such water whether or not such long-term con-
tractual agreements are in effect. In implementing this
paragraph, the Secretary shall endeavor to diversify
sources of supply in order to minimize possible adverse
effects upon Central Valley Project contractors.
‘‘(3) Not later than ten years after enactment of this
title and subject to paragraph (8) of this subsection, the
quantity and delivery schedules of water measured at the
boundaries of each wetland habitat area described in this
paragraph shall be in accordance with level 4 of the ‘De-
pendable Water Supply Needs’ table for those habitat
areas as set forth in the Refuge Water Supply Report and
the full water supply needed for full habitat development
for those habitat areas identified in the San Joaquin
Basin Action Plan/Kesterson Mitigation Action Plan Re-
port prepared by the Bureau of Reclamation. The quan-
tities of water required to supplement the quantities pro-
vided under paragraph (2) of this subsection shall be ac-
quired by the Secretary in cooperation with the State of
California and in consultation with the Central Valley
Habitat Joint Venture and other interests in cumulating
increments of not less than ten percent per annum
through voluntary measures which include water conserva-
tion, conjunctive use, purchase, lease, donations, or similar
activities, or a combination of such activities which do not
require involuntary reallocations of project yield.
‘‘(4) All costs associated with implementation of
paragraph (2) of this subsection shall be deemed a
nonreimbursable Federal expenditure. Incremental costs
associated with implementation of paragraph (3) of this
subsection shall be fully allocated in accordance with the
following formula: 75 percent shall be deemed a
nonreimbursable Federal expenditure; and 25 percent
shall be allocated to the State of California for recovery
through direct reimbursements or through equivalent in-
kind contributions.
‘‘(5) The Secretary shall temporarily reduce deliveries
of the quantity of water dedicated under paragraph (2)
of this subsection up to 25 percent of such total whenever
reductions are imposed upon agricultural water service
contractors served from the same Division of the Central
Valley Project: Provided, That such reductions shall not
exceed in percentage terms the reductions imposed on ag-
ricultural water service contractors. For the purpose of
shortage allocation, the priority or priorities applicable to
the increment of water provided under paragraph (3) of
this subsection shall be the priority or priorities which ap-
plied to the water in question prior to its transfer to the
purpose of providing such increment.
‘‘(6) In order to minimize possible adverse impacts
upon Central Valley Project water contractors, the Sec-
retary is authorized and directed to construct or to acquire
from non-Federal entities such water conveyance facilities,
conveyance capacity, pumping capacity, and wells as are
necessary to implement the requirements of this sub-
section within one year after enactment of this paragraph.
To carry out this obligation, and without limiting other
actions, the Secretary shall, in cooperation with the State
of California and Central Valley Project water contractors,
implement those immediate actions necessary to facilitate
the acquisition of pumping and conveyance capacity from
the State. Additional water that can be delivered as a re-
sult of the acquisition of such additional pumping and con-
veyance capacity shall be allocated in a manner which
avoids water shortages to Central Valley Project water
contractors and users.
‘‘(7) The Secretary, in consultation with the State of
California, the Central Valley Habitat Joint Venture, and
other interests, shall investigate and report on the follow-
ing supplemental actions by not later than September 30,
1997—
‘‘(A) alternative means of improving the reli-
ability and quality of water supplies currently avail-
able to privately owned wetlands in the Central Val-
ley and the need, if any, for additional supplies; and
‘‘(B) water supply and delivery requirements
necessary to permit full habitat development for
water dependent wildlife on one hundred and twenty
thousand acres supplemental to the existing wetland
habitat acreage identified in Table 8 of the Central
Valley Habitat Joint Venture’s ‘Implementation
Plan’ dated April 19, 1990, as well as feasible
means of meeting associated water supply require-
ments.
‘‘(8) Not later than 180 days after the date of the
enactment of the Central Valley Project Reform Act of
1995, the Secretary shall prepare a report in which the
Secretary assesses whether the Dependable Water Supply
Needs outlined in the Refuge Water Supply Report and
the San Joaquin Basin Action Plan/Kesterson Mitigation
Action Plan Report prepared by the Bureau of Reclama-
tion accurately reflect reasonable dependable water supply
needs for refuges, taking into account changes in habitat
conditions and any other relevant factors. If the Secretary
determines that the Dependable Water Supply Needs in
such Reports do not reflect the reasonable dependable
adjusted accordingly to match the level of such dem-
onstrated need.’’.
(9) Section 3406(f) of the Central Valley Project Im-
provement Act (106 Stat. 4724) is amended by striking
‘‘Committees on Insular and Interior Affairs and Mer-
chant Marine and Fisheries’’ and inserting ‘‘Committee on
Resources’’.
(10) Section 3406 (106 Stat. 4714), as amended by
subsection (a) of this section, is further amended by add-
ing at the end the following new subsection:
‘‘(j) PURCHASE OF ADDITIONAL WATER.—The Sec-
retary may acquire any water needed to carry out this title
which is in addition to the water required to be made
available under subsections (b)(2), (b)(22), and (d) only
by purchase in accordance with State law. Such purchases
shall be Federal nonreimbursable expenditures to the ex-
tent they are not funded through the Restoration Fund
established in section 3407 of this title.’’.
SEC. 7. RESTORATION FUND.
(a) RESTORATION FUND ESTABLISHED.—Section
3407(a) of the Central Valley Project Improvement Act
(106 Stat. 4726) is amended to read as follows:
‘‘(a) RESTORATION FUND ESTABLISHED.—
‘‘(1) There is hereby established in the Treas-
ury of the United States the ‘Central Valley Project
Restoration Fund’ (hereafter ‘Restoration Fund’)
which shall be available for deposit of donations
from any source and revenues provided under sec-
tions 3405(e), 3406(c)(1)(D), and 3407(d) of this
title. Amounts deposited shall be credited as offset-
ting collections. Monies donated to the Restoration
Fund by non-Federal entities for specific purposes
shall be expended for those purposes only and shall
not be subject to appropriation. Notwithstanding
any other provision of this title, the Secretary may
not directly or indirectly require a donation, or any
other payment, to the Restoration Fund, or environ-
mental restoration or mitigation fees not otherwise
provided by law, as a condition to providing for the
storage or conveyance of non-Central Valley Project
water pursuant to reclamation laws, or as a condi-
tion to the delivery of water pursuant to section 215
of the Reclamation Reform Act of 1982 (96 Stat.
1270).
‘‘(2) The Secretary may utilize amounts col-
lected pursuant to section 3406(c)(1)(D) to assist in
achieving applicable water quality standards imposed
in the San Francisco Bay/Sacramento-San Joaquin
Delta Estuary, with emphasis on funding projects
described in section 3406(c)(1)(A) which will con-
tribute to achieving such standards. The balance of
all 
surcharges 
collected 
pursuant 
to 
section
3406(c)(1)(D) shall be utilized by the Secretary to
provide funding to the State of California or other
entity described in section 3407(e)(1) to assist in the
implementation of all projects described in such sub-
paragraph (A) to which funding is not directed pur-
suant to the preceding sentence.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
3407(b) of the Central Valley Project Improvement Act
(106 Stat. 4726) is amended by inserting ‘‘(from willing
sellers)’’ after ‘‘acquisition’’.
(c) MITIGATION AND RESTORATION PAYMENTS BY
WATER AND POWER BENEFICIARIES.—Section 3407(c) of
the Central Valley Project Improvement Act (106 Stat.
4726) is amended to read as follows:
‘‘(c) MITIGATION AND RESTORATION PAYMENTS BY
WATER AND POWER BENEFICIARIES.—
‘‘(1) To the extent required in appropriation
Acts, the Secretary shall assess and collect addi-
tional annual mitigation and restoration payments,
in addition to the charges provided for or collected
under 
sections 
3405(a)(1)(B), 
3405(e), 
and
3406(c)(1)(D) of this title, consisting of charges to
direct beneficiaries of the Central Valley Project
under subsection (d) of this section in order to re-
cover a portion or all of the costs of fish, wildlife,
and habitat restoration programs and projects under
this title.
‘‘(2) The payment described in this subsection
shall be established at amounts that will result in
collection, during each fiscal year, of an amount that
can be reasonably expected to equal the amount ap-
propriated each year, subject to subsection (d) of
this section, and in combination with all other re-
ceipts identified under this title, to carry out the
purposes identified in subsection (b) of this sec-
tion.’’.
(d) ADJUSTMENT AND ASSESSMENT OF MITIGATION
AND RESTORATION PAYMENTS.—Paragraphs (1) and (2)
of section 3407(d) of the Central Valley Project Improve-
ment Act (106 Stat. 4727) are amended to read as follows:
‘‘(1) In assessing the annual payments to carry
out subsection (c) of this section, the Secretary
shall, prior to each fiscal year, estimate the amount
that could be collected in each fiscal year pursuant
to paragraph (2) of this subsection. The Secretary
shall decrease all such payments on a proportionate
basis from amounts contained in the estimate so
that an aggregate amount is collected pursuant to
the requirements of subsection (c)(2) of this section.
‘‘(2) The Secretary shall assess and collect the
following mitigation and restoration payments, to be
covered to the Restoration Fund, subject to the re-
quirements of paragraph (1) of this subsection:
‘‘The Secretary shall require Central Val-
ley Project water and power contractors to
make such additional annual payments as are
necessary to yield, together with all other re-
ceipts, the amount required under subsection
(c)(2) of this section: Provided, That such addi-
tional payments shall not exceed $30,000,000
(October 1992 price levels) on a three-year roll-
ing average basis: Provided further, That such
additional annual payments shall be allocated so
as not to exceed $6 per acre-foot (October 1992
price levels) for Central Valley Project water for
agricultural use delivered by the Central Valley
Project and received or transferred by a Central
Valley Project water contractor, and $12 per
acre-foot (October 1992 price levels) for Central
Valley Project water for municipal and indus-
trial use delivered by the Central Valley Project
and received or transferred by a Central Valley
Project contractor: Provided further, That the
charge imposed on agricultural water shall be
reduced, if necessary, to an amount within the
probable ability of the water users to pay as de-
termined and adjusted by the Secretary no less
than every five years: Provided further, That
the Secretary shall impose an additional annual
charge of $25 per acre-foot (October 1992 price
levels) for Central Valley Project water sold or
transferred, except water sold or transferred
under the right of first refusal, to any State or
local agency or other entity which has not pre-
viously been a Central Valley Project customer
and which contracts with the Secretary or any
other individual or district receiving Central
Valley Project water to purchase or otherwise
transfer any such water for its own use for mu-
nicipal and industrial purposes, to be deposited
in the Restoration Fund: And Provided further,
That upon the completion of the fish, wildlife,
and habitat mitigation and restoration actions
mandated under section 3406 of this title, the
Secretary shall reduce the sums described in
subsection (c)(2) of this section to $35,000,000
per year (October 1992 price levels) and shall