HR 5781 RFS
during days of temporary operational flexibility as defined 
in subsection (b), the duration of such operation shall not 
be counted toward the 28 cumulative days specified in sub-
section (a). 
(f) EMERGENCY CONSULTATION; EFFECT ON RUN-
NING AVERAGES.— 
(1) If necessary to implement the provisions of 
this section, the Secretary of the Interior shall use 
the emergency consultation procedures under the 
Endangered Species Act of 1973 and its imple-
menting regulation at section 402.05, title 50, Code 
of Federal Regulations, to temporarily adjust the op-
erating criteria under the biological opinions, solely 
for the 28 cumulative days of temporary operational 
flexibility— 
(A) no more than necessary to achieve the 
purposes of this section consistent with the en-
vironmental protections in subsections (c) and 
(d); and 
(B) including, as appropriate, adjustments 
to ensure that the actual flow rates during the 
periods of temporary operational flexibility do 
not count toward the 5-day and 14-day running 
averages of tidally filtered daily Old and Middle 
VerDate Sep 11 2014 
03:47 Dec 11, 2014
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.RFS
H5781
SSpencer on DSK4SPTVN1PROD with BILLS
HR 5781 RFS
River flow requirements under the biological 
opinions. 
(2) At the conclusion of the 28 cumulative days 
of temporary operational flexibility, the Secretary of 
the Interior shall not reinitiate consultation on these 
adjusted operations, and no mitigation shall be re-
quired, if the effects on listed fish species of these 
operations under this section remain within the 
range of those authorized under the Endangered 
Species Act. If the Secretary of the Interior reiniti-
ates consultation, no mitigation measures shall be 
required. 
(g) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.— 
In articulating the determinations required under this sec-
tion, the Secretaries shall fully satisfy the requirements 
herein but shall not be expected to provide a greater level 
of supporting detail for the analysis than feasible to pro-
vide within the short time frame permitted for timely deci-
sion-making in response to changing conditions in the 
Delta. 
SEC. 104. PROGRESS REPORT. 
Ninety days after the date of the enactment of this 
Act and every 90 days thereafter, the Secretaries shall 
provide a progress report describing the implementation 
of sections 101, 102, and 103 to the Committee on Nat-
VerDate Sep 11 2014 
03:47 Dec 11, 2014
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.RFS
H5781
SSpencer on DSK4SPTVN1PROD with BILLS
HR 5781 RFS
ural Resources in the House of Representatives and the 
Committee on Energy and Natural Resources in the Sen-
ate. 
SEC. 105. STATUS OF SURFACE STORAGE STUDIES. 
One year after the date of the enactment of this Act, 
the Secretary of the Interior shall provide a progress re-
port on the status of feasibility studies undertaken pursu-
ant to section 103(d)(1) to the Committee on Natural Re-
sources in the House of Representatives and the Com-
mittee on Energy and Natural Resources in the Senate. 
The report shall include timelines for study completion, 
draft environmental impact statements, final environ-
mental impact statements, and Records of Decision. 
TITLE II—PROTECTION OF 
THIRD-PARTY WATER RIGHTS 
SEC. 201. OFFSET FOR STATE WATER PROJECT. 
(a) IMPLEMENTATION IMPACTS.—The Secretary of 
the Interior shall confer with the California Department 
of Fish and Wildlife in connection with the implementa-
tion of this Act on potential impacts to any consistency 
determination for operations of the State Water Project 
issued pursuant to California Fish and Game Code section 
2080.1. 
VerDate Sep 11 2014 
03:47 Dec 11, 2014
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.RFS
H5781
SSpencer on DSK4SPTVN1PROD with BILLS
HR 5781 RFS
(b) ADDITIONAL YIELD.—If, as a result of the appli-
cation of this Act, the California Department of Fish and 
Wildlife— 
(1) revokes the consistency determinations pur-
suant to California Fish and Game Code section 
2080.1 that are applicable to the State Water 
Project; 
(2) amends or issues one or more new consist-
ency determinations pursuant to California Fish and 
Game Code section 2080.1 in a manner that directly 
or indirectly results in reduced water supply to the 
State Water Project as compared with the water 
supply available under the smelt biological opinion 
and the salmonid biological opinion; or 
(3) requires take authorization under section 
2081 for operation of the State Water Project in a 
manner that directly or indirectly results in reduced 
water supply to the State Water Project as com-
pared with the water supply available under the 
smelt biological opinion and the salmonid biological 
opinion, 
and as a consequence of the Department’s action, Central 
Valley Project yield is greater than it would have been ab-
sent the Department’s actions, then that additional yield 
shall be made available to the State Water Project for de-
VerDate Sep 11 2014 
03:47 Dec 11, 2014
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.RFS
H5781
SSpencer on DSK4SPTVN1PROD with BILLS
HR 5781 RFS
livery to State Water Project contractors to offset losses 
resulting from the Department’s action. 
(c) NOTIFICATION RELATED
TO ENVIRONMENTAL 
PROTECTIONS.—The Secretary of the Interior shall imme-
diately notify the Director of the California Department 
of Fish and Wildlife in writing if the Secretary of the Inte-
rior determines that implementation of the smelt biological 
opinion and the salmonid biological opinion consistent with 
this Act reduces environmental protections for any species 
covered by the opinions. 
SEC. 202. AREA OF ORIGIN PROTECTIONS. 
(a) IN GENERAL.—The Secretary of the Interior is 
directed, in the operation of the Central Valley Project, 
to adhere to California’s water rights laws governing water 
rights priorities and to honor water rights senior to those 
held by the United States for operation of the Central Val-
ley Project, regardless of the source of priority, including 
any appropriative water rights initiated prior to December 
19, 1914, as well as water rights and other priorities per-
fected or to be perfected pursuant to California Water 
Code Part 2 of Division 2. Article 1.7 (commencing with 
section 1215 of chapter 1 of part 2 of division 2, sections 
10505, 10505.5, 11128, 11460, 11461, 11462, and 
11463, and sections 12200 to 12220, inclusive). 
VerDate Sep 11 2014 
03:47 Dec 11, 2014
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.RFS
H5781
SSpencer on DSK4SPTVN1PROD with BILLS