I 
118TH CONGRESS 
1ST SESSION 
H. R. 289 
To update requirements for the operation of the Central Valley Project 
and Klamath River Basin Reclamation Project by the Bureau of Reclamation. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 11, 2023 
Mr. LAMALFA introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To update requirements for the operation of the Central 
Valley Project and Klamath River Basin Reclamation 
Project by the Bureau of Reclamation. 
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 ‘‘Protect Our Water 
Rights Act’’. 
SEC. 2. ALLOCATIONS FOR SACRAMENTO VALLEY CON-
TRACTORS. 
(a) ALLOCATIONS; CONDITIONS.— 
(1) ALLOCATIONS.— 
VerDate Sep 11 2014 
22:16 Jan 23, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H289.IH
H289
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) IN GENERAL.—The Secretary of the 
Interior, acting through the Bureau of Rec-
lamation (in this Act, referred to as the ‘‘Sec-
retary’’) is directed, in the operation of the 
Central Valley Project, to allocate water pro-
vided for irrigation purposes to existing Central 
Valley Project agricultural water service con-
tractors within the Sacramento River Water-
shed in compliance with the following: 
(i) Not less than 100 percent of their 
contract quantities in a ‘‘Wet’’ year. 
(ii) Not less than 100 percent of their 
contract quantities in an ‘‘Above Normal’’ 
year. 
(iii) Not less than 75 percent of their 
contract quantities in a ‘‘Below Normal’’ 
year. 
(iv) Not less than 50 percent of their 
contract quantities in a ‘‘Dry’’ year. 
(v) Not less than 50 percent of their 
contract quantities in a ‘‘Critically Dry’’ 
year. 
(vi) In all years not identified in sub-
paragraphs (A) through (E), the allocation 
percentage for existing Central Valley 
VerDate Sep 11 2014 
22:16 Jan 23, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H289.IH
H289
pbinns on DSKJLVW7X2PROD with $$_JOB
Project agricultural water service contrac-
tors within the Sacramento River Water-
shed shall not be less than (but may be 
more than) twice the allocation percentage 
to south-of-Delta Central Valley Project 
agricultural water service contractors, up 
to 100 percent. 
(B) THE YEAR TYPE TERMS.—The year 
type terms used in subparagraph (A) have the 
meaning given those year types in the Sac-
ramento Valley Water Year Type (40–30–30) 
Index. 
(2) 
CONDITIONS.—The 
Secretary’s 
actions 
under paragraph (1) shall be subject to— 
(A) the priority of individuals or entities 
with Sacramento River water rights, including 
those with Sacramento River Settlement Con-
tracts, that have priority to the diversion and 
use of Sacramento River water over water 
rights held by the United States for operations 
of the Central Valley Project; 
(B) the United States obligation to make 
a substitute supply of water available to the 
San Joaquin River Exchange Contractors; and 
VerDate Sep 11 2014 
22:16 Jan 23, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H289.IH
H289
pbinns on DSKJLVW7X2PROD with $$_JOB
(C) the Secretary’s obligation to make 
water available to managed wetlands pursuant 
to section 3406(d) of the Central Valley Project 
Improvement Act, (Public Law 102–575). 
(b) PROTECTION OF MUNICIPAL AND INDUSTRIAL 
SUPPLIES.—Nothing in subsection (a) shall be deemed 
to— 
(1) modify any provision of a water service con-
tract that addresses municipal and industrial water 
shortage policies of the Secretary; 
(2) affect or limit the authority of the Secretary 
to adopt or modify municipal and industrial water 
shortage policies; 
(3) affect or limit the authority of the Secretary 
to implement municipal and industrial water short-
age policies; or 
(4) affect allocations to Central Valley Project 
municipal and industrial contractors pursuant to 
such policies. 
(c) PROTECTION
OF
OPERATIONS
AND
DELIV-
ERIES.—Nothing in subsection (a) or the Secretary’s im-
plementation of subsection (a) shall constrain, govern, or 
affect, directly or indirectly, the operations of the Central 
Valley Project’s American River Division or any deliveries 
from that Division, its units or facilities. 
VerDate Sep 11 2014 
22:16 Jan 23, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H289.IH
H289
pbinns on DSKJLVW7X2PROD with $$_JOB
(d) NO EFFECT ON ALLOCATIONS.—Nothing in sub-
section (a) shall— 
(1) affect the allocation of water to Friant Divi-
sion contractors; or 
(2) result in the involuntary reduction in con-
tract water allocations to individuals or entities with 
contracts to receive water from the Friant Division. 
(e) TERM DEFINED.—In this section, the term ‘‘ex-
isting Central Valley Project agricultural water service 
contractors within the Sacramento River Watershed’’ 
means water service contractors within the Shasta, Trin-
ity, and Sacramento River Divisions of the Central Valley 
Project, that have a water service contract in effect, on 
the date of the enactment of this section, that provides 
water for irrigation. 
SEC. 3. ANNUAL ALLOCATION FIELD BRIEFINGS. 
The Secretary shall hold not less than 1 in-person 
field hearing each county where a Central Valley Project 
water service contractor is located during the period that 
is after the initial water allocations for the Central Valley 
Project and before the final water allocation announce-
ment for the Central Valley Project. 
VerDate Sep 11 2014 
22:16 Jan 23, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H289.IH
H289
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) operate all water in Upper Klamath Lake 
above elevation 4136.0 feet solely for agricultural 
and refuge purposes; and 
(2) to the extent practicable when operating all 
water in Upper Klamath Lake in accordance with 
paragraph (1), maximize storage in the Upper 
Klamath Lake. 
Æ 
VerDate Sep 11 2014 
22:16 Jan 23, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H289.IH
H289
pbinns on DSKJLVW7X2PROD with $$_JOB