TITLE I—CVP AND SWP OPERATIONS 
Sec. 101. Operation of the CVP and SWP. 
Sec. 102. Operations and reviews. 
Sec. 103. Application of State laws. 
Sec. 104. Reconsultation of NOAA Biological Opinion and FWS Biological 
Opinion. 
Sec. 105. Sunset. 
Sec. 106. Consultation on coordinated operations. 
TITLE II—ALLOCATIONS FOR SACRAMENTO VALLEY 
CONTRACTORS 
Sec. 201. Definitions. 
Sec. 202. Allocations of water. 
Sec. 203. Protection of refuge, municipal and industrial and other contractors. 
Sec. 204. Other contractors. 
TITLE III—INFRASTRUCTURE 
Sec. 301. Shasta Reservoir enlargement project. 
Sec. 302. Water supply plan; projects. 
Sec. 303. Conservation fish hatcheries. 
Sec. 304. Storage; Duration. 
Sec. 305. Shasta Dam enlargement. 
TITLE IV—CVPIA ACTIONS 
Sec. 401. CVPIA restoration actions. 
SEC. 3. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) CVP.—The term ‘‘CVP’’ means the Central 
Valley Project. 
(2) CVP CONTRACTOR.—The term ‘‘CVP con-
tractor’’ means any public water agency, water user 
organization, or person that has entered into a con-
tract with the United States for water service from 
the CVP, whether in the form of a water service 
contract, repayment contract, water rights settle-
ment contract, exchange contract, or refuge con-
tract. 
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(3) FWS BIOLOGICAL
OPINION.—The term 
‘‘FWS Biological Opinion’’ means the United States 
Fish and Wildlife Service ‘‘Biological Opinion for the 
Reinitiation of Consultation on the Coordinated Op-
erations of the Central Valley Project and State 
Water Project’’ (Service File No. 08FBTD00–2019– 
F–0164) signed on October 21, 2019. 
(4) NOAA BIOLOGICAL
OPINION.—The term 
‘‘NOAA Biological Opinion’’ means the National 
Oceanic and Atmospheric Administration Fisheries 
‘‘Biological Opinion on the Long-term Operation of 
the Central Valley Project and the State Water 
Project’’ (Consultation Tracking Number: WCRO– 
2016–00069) signed on October 21, 2019. 
(5) PREFERRED
ALTERNATIVE.—The term 
‘‘Preferred Alternative’’ means the Alternative 1 
(Preferred Alternative), as described in the Final 
Environmental Impact Statement on the Reinitiation 
of Consultation on the Coordinated Long-Term Op-
eration of the Central Valley Project and the State 
Water Project, issued by the Bureau of Reclamation, 
and dated December 2019. 
(6) SWP.—The term ‘‘SWP’’ means the Cali-
fornia State Water Project. 
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(7) SWP CONTRACTOR.—The term ‘‘SWP con-
tractor’’ means a public agency that has entered into 
a long-term water supply contract with the Cali-
fornia Department of Water Resources for water 
service from the SWP. 
TITLE I—CVP AND SWP 
OPERATIONS 
SEC. 101. OPERATION OF THE CVP AND SWP. 
(a) CONGRESSIONAL DIRECTION REGARDING CVP 
AND SWP OPERATIONS.—The CVP and the SWP shall 
be operated in accordance with the Preferred Alternative 
and FWS Biological Opinion and NOAA Biological Opin-
ion. 
(b) APPLICATION OF LAWS AND REGULATIONS TO 
OTHERS.—Operation of the CVP and SWP shall proceed 
pursuant to subsection (a) except to the extent changes 
to operations are undertaken pursuant to one or more 
agreements, which are voluntarily entered into, approved, 
and implemented by CVP contractors, for operations of 
the CVP, and SWP contractors, for operations of the 
SWP, with all applicable Federal departments and the 
State of California, including any agency or board of the 
State of California. 
(c) COSTS.—No cost, including water supply, finan-
cial, mitigation-related, or otherwise, associated with the 
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implementation of any agreement under subsection (b) 
shall be imposed by any Federal department or agency or 
the State of California, including any agency or board of 
the State of California, directly or indirectly on any CVP 
contractor, SWP contractor, or any other person or entity, 
unless such costs are incurred on a voluntary basis. 
(d) ENDANGERED SPECIES ACT.—Notwithstanding 
subsection (b), implementation of subsection (a) shall not 
conflict with the FWS Biological Opinion and the NOAA 
Biological Opinion. 
(e) NATIVE SPECIES PROTECTION.—The State of 
California shall not impose any bag, catch, or size restric-
tion or limit on the take or harvest of striped bass or any 
species of black bass, including largemouth bass, 
smallmouth bass, and spotted bass, that occupy the Sac-
ramento-San Joaquin Rivers Delta or its tributaries. 
SEC. 102. OPERATIONS AND REVIEWS. 
In carrying out section 101(a), the Secretary of the 
Interior and the Secretary of Commerce shall implement 
their statutory authorities in a manner that improves 
water supply reliability and enables the CVP and SWP 
to provide the maximum quantity of water supplies prac-
ticable to CVP agricultural, municipal, and industrial con-
tractors, water service or repayment contractors, water 
rights settlement contractors, exchange contractors, ref-
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uge contractors, and SWP contractors, in accordance with 
the Preferred Alternative, NOAA Biological Opinion, and 
FWS Biological Opinion. 
SEC. 103. APPLICATION OF STATE LAWS. 
(a) REDUCED WATER SUPPLY.—If, as a result of the 
application of applicable State law or regulation, the State 
of California (including any agency or board of the State 
of California) alters operation of the SWP in a manner 
that directly or indirectly results in reduced water supply 
to the SWP as compared with the water supply available 
under the Preferred Alternative, and as a result, CVP 
yield is greater than it otherwise would have been under 
the Preferred Alternative, then that additional yield shall 
be made available to the SWP for delivery to SWP Con-
tractors to offset that reduced water supply. If it is nec-
essary to reduce water supplies for any authorized uses 
of the CVP or CVP Contractors to make available to the 
SWP that additional yield, such reductions shall be ap-
plied proportionately to those authorized uses or CVP con-
tractors that benefit from that increased yield. 
(b) 
NO
RESTRICTION
OF
CERTAIN
WATER 
RIGHTS.—The State of California (including any agency 
or board of the State of California) shall not restrict the 
exercise of any water right obtained pursuant to State law, 
including but not limited to a pre-1914 appropriative right 
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or riparian right in order to offset any impact resulting 
from the implementation of this title on any species af-
fected by operations of the CVP or the SWP. 
SEC. 104. RECONSULTATION OF NOAA BIOLOGICAL OPIN-
ION AND FWS BIOLOGICAL OPINION. 
(a) REQUIREMENT FOR RECONSULTATION.— 
(1) REQUIREMENT.—Neither the Secretary of 
the Interior, acting through the Commissioner of 
Reclamation, nor the Secretary of Commerce or 
their designees shall commence, complete, or request 
reinitiation of consultation on the coordinated long- 
term operation of the Central Valley Project and the 
State Water Project that will result in changes to or 
the replacement of the documents listed in para-
graph (2) unless— 
(A) more than 75 percent of California has 
experienced 4 consecutive years of D3 or D4 
level drought, as defined by the U.S. Drought 
Monitor; 
(B) the Commissioner of Reclamation iden-
tifies one specific factor or combination of fac-
tors under section 402.16 of title 50, Code of 
Federal Regulations; and 
(C) not fewer than 120 days before offi-
cially commencing or requesting reinitiation, the 
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Secretary of the Interior notifies the Committee 
on Natural Resources of the House of Rep-
resentatives and Committee on Energy and 
Natural Resources of the Senate, in writing, 
of— 
(i) the intent to commence or request 
reinitiation under this section; and 
(ii) the detailed justification for the 
identification of the specific factor or com-
bination of factors under section 402.16 of 
title 50, Code of Federal Regulations, that 
was identified to satisfy the requirement in 
subparagraph (B). 
(2) DOCUMENTS.—The documents referred to 
in paragraph (1) are the following: 
(A) The FWS Biological Opinion. 
(B) The NOAA Biological Opinion. 
(C) The Record of Decision for the Reiniti-
ation of Consultation on the Coordinated Long- 
Term Modified Operations of the Central Valley 
Project and State Water Project, signed on 
February 18, 2020. 
(b) APPLICABLE PROCEDURES AND REVIEW.—For 
the purposes of this Act, before reinitiating consultation 
on the Long-Term Operation of the CVP and SWP, a re-
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quest by the Secretary of the Interior, the Secretary of 
the Commerce, or any other Federal employee, to reini-
tiate consultation shall be made in writing and considered 
a rule under section 551 of title 5, United States Code, 
and subject to the requirements of sections 801 through 
808 of that title. 
(c) COOPERATION.—In implementing this section, the 
Secretary of the Interior and the Secretary of Commerce 
shall comply with requirements included in section 4004 
of Public Law 114–322. 
(d) EXCLUSION.—Notwithstanding subsection (b), in 
implementing this section, section 801(b)(2) of title 5, 
United States Code, shall not apply. 
SEC. 105. SUNSET. 
Sections 101 through 104 shall have no force or ef-
fect on and after the date that is 7 years after the date 
of the enactment of this Act. 
SEC. 106. CONSULTATION ON COORDINATED OPERATIONS. 
The Water Infrastructure Improvements for The Na-
tion Act (Public Law 114–322) is amended— 
(1) in section 4004(a)— 
(A) in paragraph (1), by inserting ‘‘or pro-
posed action’’ after ‘‘biological assessment,’’; 
(B) in paragraph (2), by inserting ‘‘or pro-
posed action’’ after ‘‘biological assessment,’’; 
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(C) 
by 
redesignating 
paragraphs 
(3) 
through (6) as paragraphs (4) through (7), re-
spectively; 
(D) after paragraph (2), by inserting the 
following new paragraph: 
‘‘(3) receive a copy of the proposed action and 
have the opportunity to review that document and 
provide comment to the action agency, which com-
ments shall be afforded due consideration during de-
velopment;’’; and 
(E) in paragraph (7), as redesignated by 
subparagraph (C) of this paragraph— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘action agency pro-
poses a proposed action or’’ before ‘‘the 
consulting agency’’; 
(ii) in subparagraph (A), by inserting 
‘‘proposed action or’’ before ‘‘alternative 
will’’; and 
(iii) in subparagraph (B), by striking 
‘‘alternative actions’’ and insert ‘‘actions 
or alternatives’’; and 
(2) in section 4013, by deleting ‘‘section 4004, 
which shall expire 10 years after the date of its en-
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actment;’’ and inserting ‘‘section 4004, which shall 
expire on December 16, 2033;’’. 
TITLE 
II—ALLOCATIONS 
FOR 
SACRAMENTO VALLEY CON-
TRACTORS 
SEC. 201. DEFINITIONS. 
In this title, the following definitions apply: 
(1) The term ‘‘existing CVP agricultural water 
service or repayment contractor within the Sac-
ramento River Watershed’’ means any water service 
or repayment contractor within the Shasta, Trinity, 
or Sacramento River division of the CVP that has 
in effect a water service or repayment contract on 
the date of enactment of this title that provides 
water for irrigation. 
(2) The terms ‘‘Above Normal’’, ‘‘Below Nor-
mal’’, ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, 
have the meanings given those terms in the Sac-
ramento Valley Water Year Type (40–30–30) Index. 
SEC. 202. ALLOCATIONS OF WATER. 
Subject to section 203, and notwithstanding any 
changes to operations of the CVP or SWP voluntarily 
agreed to, approved, and implemented by CVP contrac-
tors, the Secretary of the Interior shall make every reason-
able effort in the operation of the CVP to allocate water 
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provided for irrigation purposes to each existing CVP agri-
cultural water service contractor within the Sacramento 
River Watershed in accordance with the following: 
(1) Not less than 100 percent of the contract 
quantity of the existing CVP agricultural water serv-
ice contractor within the Sacramento River Water-
shed in a Wet year. 
(2) Not less than 100 percent of the contract 
quantity of the existing CVP agricultural water serv-
ice Contractor within the Sacramento River Water-
shed in an Above Normal year. 
(3) Not less than 100 percent of the contract 
quantity of the existing CVP agricultural water serv-
ice contractor within the Sacramento River Water-
shed in a Below Normal year that is preceded by an 
Above Normal or Wet year. 
(4) Not less than 50 percent of the contract 
quantity of the existing CVP agricultural water serv-
ice contractor within the Sacramento River Water-
shed in a Dry year that is preceded by a Below Nor-
mal, Above Normal, or Wet year. 
(5) In any other year not identified in any sub-
sections (a) through (d), not less than twice the allo-
cation percentage to south-of-Delta CVP agricultural 
water service contractors, up to 100 percent. 
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SEC. 203. PROTECTION OF REFUGE, MUNICIPAL AND IN-
DUSTRIAL AND OTHER CONTRACTORS. 
Nothing in section 202 shall— 
(1) adversely affect any protections for the envi-
ronment, including the obligation of the Secretary of 
the Interior to make water available to managed 
wetlands pursuant to section 3406(d) of the Central 
Valley Project Improvement Act (Title XXXIV of 
Public Law 102–575; 106 Stat. 4722); 
(2) adversely affect any obligation of the Sec-
retary of the Interior or the Secretary of Commerce 
under the FWS Biological Opinion or the NOAA Bi-
ological Opinion; 
(3) modify any provision of a water service con-
tract that addresses municipal or industrial water 
shortage policies of the Secretary of the Interior; 
(4) affect or limit the authority of the Secretary 
of the Interior to adopt or modify municipal and in-
dustrial water shortage policies; 
(5) constrain, govern, or affect, directly or indi-
rectly, the operations of the American River division 
of the CVP or any deliveries from that division or 
a unit or facility of that division; or 
(6) affect any allocation to a CVP municipal or 
industrial water service contractor by increasing or 
decreasing allocations to the contractor, as compared 
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(6) authorize any actions inconsistent with 
State water rights law. 
TITLE III—INFRASTRUCTURE 
SEC. 301. SHASTA RESERVOIR ENLARGEMENT PROJECT. 
Section 40902(a)(2) of the Infrastructure Investment 
and Jobs Act (Public Law 117–58) is amended— 
(1) in subparagraph (B)— 
(A) in the matter preceding clause (i), by 
striking ‘‘this Act, except for any project for 
which—’’ and inserting ‘‘this Act; or’’; and 
(B) by striking clauses (i) and (ii); and 
(2) in subparagraph (C), by striking ‘‘(except 
that projects described in clauses (i) and (ii) of sub-
paragraph (B) shall not be eligible)’’. 
SEC. 302. WATER SUPPLY PLAN; PROJECTS. 
(a) PLAN.—Not later than 180 days after the date 
of the enactment of this Act, the Commissioner of Rec-
lamation shall develop a water deficit report, which shall 
identify— 
(1) projected water supply shortages in the 
State of California for irrigation water service, mu-
nicipal and industrial water service, water supply for 
wildlife refuges supplied by the CVP or the SWP; 
and 
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(2) infrastructure projects or actions which, if 
taken, would— 
(A) significantly reduce or eliminate the 
projected water supply shortage; or 
(B) fulfill water allocations consistent with 
agricultural, municipal and industrial contrac-
tors, water service or repayment contractors, 
water rights settlement contractors, exchange 
contractors, and SWP contractors with water 
delivery contractors on the CVP and SWP. 
(b) REPORT TO CONGRESS.—The Commissioner of 
Reclamation shall provide a report described in subsection 
(a) to the House Committee on Natural Resources and 
the Senate Committee on Energy and Natural Resources 
upon its completion. 
SEC. 303. CONSERVATION FISH HATCHERIES. 
Section 4010(b)(5) of the Water Infrastructure Im-
provements for The Nation Act (Public Law 114–322) is 
amended by adding at the end the following: 
‘‘(D) SEMI-ANNUAL
REPORT.—The Sec-
retary of the Interior and the Secretary of 
Commerce shall submit to the Committee on 
Natural Resources of the House of Representa-
tives and Committee on Energy and Natural 
Resources of the Senate semi-annual reports 
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that detail activities carried out under this 
paragraph.’’. 
SEC. 304. STORAGE; DURATION. 
(a) STORAGE.—Section 4007 of the Water Infra-
structure Improvements for The Nation Act (Public Law 
114–322) is amended— 
(1) in subsection (b)(1), by striking ‘‘or any 
public agency organized pursuant to State law’’ and 
inserting ‘‘any public agency organized pursuant to 
State law, or any stakeholder’’; and 
(2) in subsection (i), by striking ‘‘January 1, 
2021’’ and inserting ‘‘January 1, 2028’’. 
(b) DURATION.—Section 4013 of the Water Infra-
structure Improvements for The Nation Act (Public Law 
114–322) is amended— 
(1) in paragraph (1), by striking ‘‘and’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) section 4007, which (except as provided in 
paragraph (3), shall expire on December 31, 2028; 
and’’. 
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SEC. 305. SHASTA DAM ENLARGEMENT. 
(a) FUNDING.—In accordance with section 4007 of 
the Water Infrastructure Improvements for the Nation 
Act (Public Law 114–322), and as recommended by the 
Secretary in letters dated February 13, 2019; June 22, 
2020; and December 3, 2020; funds made available in the 
Water and Related Resources account for the Bureau Rec-
lamation in Acts of appropriation for fiscal years 2017, 
2018, 2019, 2020, and 2021 shall be made available to 
the Shasta Dam and Reservoir Enlargement Project. 
(b) CLARIFICATION.—No provision of State law shall 
preclude or otherwise prevent any public water agency, in-
cluding a public agency of the State, that contracts for 
the delivery of CVP water from assisting or cooperating 
with, whether by loan, grant, license, or otherwise, the 
planning and construction of any project undertaken by 
the Bureau of Reclamation to enlarge Shasta Dam. 
TITLE IV—CVPIA ACTIONS 
SEC. 401. CVPIA RESTORATION ACTIONS. 
(a) REFUGE WATER SUPPLY PROGRAM.—Not later 
than two years after the date of enactment of this Act, 
the Secretary of the Interior shall complete the refuge 
water supply program under section 3406(d) of the Cen-
tral Valley Project Improvement Act (Title XXXIV of 
Public Law 102–575; 106 Stat. 4722) and shall, within 
that two-year period, give priority to completing the refuge 
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water supply program when making funding decisions 
from the Central Valley Project Restoration Fund estab-
lished under section 3407 of the Central Valley Project 
Improvement Act (106 Stat. 4726), the Infrastructure In-
vestment and Jobs Act (Public Law 117–25), the Land 
and Water Conservation Fund Act (Public Law 88–578), 
and other sources of funding. 
(b) RESTORATION ACTIONS DEEMED COMPLETE.— 
Upon completion of the refuge water supply program pur-
suant to subsection (a), or September 30, 2025, whichever 
occurs first, the Secretary of the Interior shall deem com-
plete the fish, wildlife, and habitat mitigation and restora-
tion actions mandated under section 3406 of the Central 
Valley Project Improvement Act (Title XXXIV of Public 
Law 102–575; 106 Stat. 4714). 
Æ 
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