I 
114TH CONGRESS 
2D SESSION 
H. R. 4366 
To affirm an agreement between the United States and Westlands Water 
District dated September 15, 2015, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 12, 2016 
Mr. VALADAO introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To affirm an agreement between the United States and 
Westlands Water District dated September 15, 2015, 
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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘San Luis Unit Drainage Resolution Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Approval of agreements. 
Sec. 4. Relief from drainage obligation. 
Sec. 5. Drainage implementation. 
VerDate Sep 11 2014 
21:06 Jan 14, 2016
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
Sec. 6. Water delivery contracts. 
Sec. 7. Repayment obligations. 
Sec. 8. Transfer of title to certain facilities. 
Sec. 9. Compliance with applicable law. 
Sec. 10. No water supply or financial impacts on other Central Valley Project 
contractors. 
Sec. 11. Restoration Fund payments by Westlands Water District. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) NORTHERLY DISTRICTS AGREEMENT.—The 
term ‘‘Northerly Districts Agreement’’ means the 
Agreement among the United States, San Luis 
Water District, Panoche Water District, and 
Pacheco Water District. 
(2) PROJECT.—The term ‘‘Project’’ means the 
Central Valley Project, owned by the United States 
and managed by the Department of the Interior, 
Bureau of Reclamation. 
(3) PROJECT
WATER.—The term ‘‘Project 
Water’’ means all water that is developed, diverted, 
stored, or delivered by the Secretary in accordance 
with the statutes authorizing the Project and in ac-
cordance with the terms and conditions of water 
rights acquired pursuant to California law. 
(4) REPAYMENT CONTRACT.—The term ‘‘repay-
ment contract’’ means the repayment contract con-
verted under section 6(a). 
(5) SAN LUIS ACT.—The term ‘‘San Luis Act’’ 
means the Act of June 3, 1960 (Public Law 86– 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
488), and all Acts amendatory thereof and supple-
mentary thereto. 
(6) SAN
LUIS
UNIT.—The term ‘‘San Luis 
Unit’’ means those lands identified in section 1 of 
the San Luis Act. 
(7) SAN LUIS UNIT CONTRACTORS.—The term 
‘‘San Luis Unit Contractors’’ means Westlands 
Water District (including Broadview Water District 
lands annexed within Westlands Water District), 
San Luis Water District, Panoche Water District, 
and Pacheco Water District. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) 
WESTLANDS
AGREEMENT.—The 
term 
‘‘Westlands Agreement’’ means the ‘‘Agreement be-
tween the United States and Westlands Water Dis-
trict’’ to settle litigation concerning the United 
States duty to provide drainage service, entered Sep-
tember 15, 2015. 
SEC. 3. APPROVAL OF AGREEMENTS. 
Notwithstanding any other provision of law, unless 
otherwise specified herein, the Secretary is hereby directed 
to implement the terms and conditions of the Westlands 
Agreement and the Northerly Districts Agreement. 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
SEC. 4. RELIEF FROM DRAINAGE OBLIGATION. 
The San Luis Act is amended as follows: 
(1) In the first section— 
(A) in the second sentence, by striking 
‘‘distribution systems, drains,’’; and 
(B) in the sixth sentence— 
(i) by striking ‘‘the Secretary has (1)’’ 
and inserting ‘‘the Secretary has’’; and 
(ii) by striking ‘‘, and (2) received’’ 
and all that follows through ‘‘December, 
17, 1956’’. 
(2) In section 5, by striking the first sentence 
and inserting ‘‘Notwithstanding any other provision 
of law, the Secretary of the Interior shall have no 
duty to provide drainage or drainage service to the 
San Luis Unit. Each contractor within the San Luis 
Unit that receives water for the purpose of irrigation 
shall be responsible for the management of drainage 
water within its boundaries, in accordance with Fed-
eral 
and 
California 
law 
consistent 
with 
the 
Westlands Agreement and Northerly District Agree-
ment respectively.’’. 
(3) In section 8— 
(A) in the first sentence, by striking ‘‘other 
than distribution systems and drains,’’; and 
(B) in the third sentence— 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
(i) by striking ‘‘(a) for construction’’ 
and all that follows through ‘‘and (b)’’; 
and 
(ii) by striking ‘‘: Provided’’ and all 
that follows through ‘‘such works are 
placed in service’’. 
SEC. 5. DRAINAGE IMPLEMENTATION. 
(a) IN GENERAL.—The Westlands Water District 
shall assume all legal responsibility for the management 
of drainage water within its boundaries in accordance with 
Federal and California law, and in accordance with the 
Westlands Agreement. 
(b) DRAIN WATER.—Westlands Water District shall 
not discharge drain water outside of its boundaries. 
SEC. 6. WATER DELIVERY CONTRACTS. 
(a) CONTRACT CONVERSION.—The Secretary shall 
convert the Westlands Water District existing long-term 
or interim renewal water service contract entered into 
under section 9(e) of the Act of August 4, 1939 (53 Stat. 
1196), to a repayment contract under section 9(d) and 
9(c)(1) of the Act of August 4, 1939 (53 Stat. 1195, 
1194), consistent with the Westlands Agreement. 
(b) ALLOCATION DECISIONS.— 
(1) IN GENERAL.—Notwithstanding subsection 
(a) and as provided in the Westlands Agreement, the 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
Secretary shall make allocation decisions in the 
Project consistent with the requirements of Federal 
law (including the Endangered Species Act of 1973 
and reclamation law) and applicable California State 
Water Resources Control Board requirements. 
(2) CONVERSION OF CONTRACT.—Conversion of 
Westlands Water District’s contract pursuant to 
subsection (a) shall not afford Westlands Water Dis-
trict greater or lesser rights to an annual allocation 
of Project Water than Westlands Water District had 
before that conversion. 
(3) LIMITATION
ON
LIABILITY.—No liability 
shall accrue against the United States or any of its 
officers, agents, or employees for any damage, direct 
or indirect, arising from a condition of shortage in 
the amount of water available for delivery to the San 
Luis Unit Contractors caused by— 
(A) errors in physical operations of the 
Project; 
(B) physical causes beyond the control of 
the Contracting Officer, including drought; or 
(C) actions taken by the Contracting Offi-
cer to meet legal obligations. 
(c) WATER
SERVICE
CONTRACT
FOR
LEMOORE 
NAVAL AIR STATION.— 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
(1) CONTRACT REQUIRED.—The Secretary shall 
enter into a contract under section 9(e) of the Act 
of August 4, 1939 (53 Stat. 1196), with the Sec-
retary of the Navy for the delivery of Project Water 
to the Lemoore Naval Air Station to meet the irriga-
tion needs of Lemoore Naval Air Station associated 
with air operations. The contract amount of Project 
Water made available to the Lemoore Naval Air Sta-
tion under such contract shall be determined by the 
Secretary through technical analysis with the 
Lemoore Naval Air Station. 
(2) CONDITION OF SHORTAGE.—In any year in 
which there may occur a condition of shortage in the 
amount of water available for delivery, the Con-
tracting Officer shall allocate the available Project 
Water amount to Lemoore Naval Air Station in ac-
cordance with the allocation steps for municipal and 
industrial water service contractors under the Cen-
tral Valley Project Municipal and Industrial Water 
Shortage Policy (as in effect on the effective date of 
the repayment contract). For purposes of deter-
mining ‘‘historical use’’ under the policy, past water 
use for irrigation needs by the Lemoore Naval Air 
Station under the contract authorized by this section 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
or such use previous to the contract may be consid-
ered. 
SEC. 7. REPAYMENT OBLIGATIONS. 
(a) 
SUSPENSION
OF
CAPITAL
OBLIGATION.— 
Westlands Water District’s capital repayment obligation 
and payments under its water service contracts and the 
April 1, 1965, repayment contract between the United 
States and Westlands Water District (contract numbered 
14–06–200–2020–A) as further defined in subsection (b), 
is suspended until the execution of the repayment con-
tract. Upon execution of that repayment contract, 
Westlands Water District shall receive a credit against fu-
ture operation and maintenance costs payable to the 
United States in the amount of the capital costs under 
the water service contracts and the 1965 Repayment Con-
tract paid by Westlands Water District between the date 
of the Westlands Agreement and the date of the enact-
ment of this Act. Costs incurred by the United States for 
reevaluating, planning, or providing drainage service to 
Westlands Water District shall be nonreimbursable, as set 
forth in paragraph (9)(C)(iv) of the Westlands Agreement. 
(b) RELIEF
OF
CAPITAL
REPAYMENT
OBLIGA-
TIONS.—Upon the date of execution of the repayment con-
tract, and as set forth in the Westlands Agreement, the 
following shall take effect: 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
(1) IN
GENERAL.—Westlands Water District 
shall be relieved of— 
(A) its capital repayment obligations under 
the June 5, 1963, water service contract be-
tween the United States and Westlands Water 
District (contract number 14–06–200–495–A) 
providing for water service, or any renewals 
thereof, and any water service contracts as-
signed to Westlands Water District, Westlands 
Distribution District No. 1, and Westlands Dis-
tribution District No. 2 existing as of the date 
of the execution of the Westlands Agreement; 
and 
(B) any remaining repayment obligation 
under the April 1, 1965, repayment contract 
between the United States and Westlands 
Water District (contract numbered 14–06–200– 
2020–A). 
(2) LIMITATION ON RELIEF.—Repayment relief 
granted in paragraph (1) shall not extend to— 
(A) Westlands Water District’s operation 
and maintenance obligations, whether payable 
to the United States or to an Operating Non- 
Federal Entity; 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
(B) construction costs or other capitalized 
costs not yet allocated to or incurred by 
Westlands Water District as of the date of the 
Westlands Agreement, including costs attrib-
utable to the Folsom Safety of Dams modifica-
tions, the B.F. Sisk corrective action study, or 
any Safety of Dams; or 
(C) the repayment of future capital costs 
incurred after the date of execution of the 
Westlands Agreement. 
(c) REPAYMENT OF COSTS.—Central Valley Project 
construction costs or other capitalized costs allocated to 
Westlands Water District after the date of the Westlands 
Agreement, and properly assignable to Westlands Water 
District, shall be repaid in not more than 5 years after 
notification of the allocation of such amount of less than 
$5,000,000. If such amount is $5,000,000 or greater, such 
cost shall be repaid as provided by applicable reclamation 
law. Any additional costs that may have been assigned to 
Westlands 
Water 
District 
pursuant 
to 
paragraph 
(9)(C)(iv) of the Westlands Agreement related to the Cen-
tral Valley Project final cost allocation shall be nonreim-
bursable. 
(d) APPLICABILITY OF CERTAIN PROVISIONS.— 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
(1) RECLAMATION
REFORM
ACT.—Upon dis-
charge of the capital repayment obligation as pro-
vided in subsection (b), the provisions of section 213 
(a) and (b) of the Reclamation Reform Act of 1982 
(96 Stat. 1269) shall be deemed to apply to lands 
in Westlands Water District, and the ownership and 
full cost pricing limitations in any provision of Fed-
eral reclamation law shall not apply to lands in the 
District notwithstanding the subsequent allocation of 
construction costs or other capitalized costs to the 
District. These exemptions shall be carried out in 
accordance with the process set forth in the 
Westlands Agreement. 
(2) OTHER PROVISIONS.—Nothing in this Act is 
intended to relieve the San Luis Unit Contractors of 
any other obligations under reclamation law includ-
ing Restoration Fund charges pursuant to section 
3407(d) of Public Law 102–575. 
SEC. 8. TRANSFER OF TITLE TO CERTAIN FACILITIES. 
(a) IN GENERAL.—Upon the execution of the repay-
ment contract, or as soon thereafter as practicable, the 
Secretary shall transfer to Westlands Water District title 
to the following: 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
(1) San Luis Canal System, excluding the main 
canal that is integrated with the California Aque-
duct. These appurtenant features include— 
(A) internal water distribution system 
within 
Westlands, 
including 
approximately 
1,045 miles of buried pipeline; 
(B) pumping plants within Westlands, in-
cluding— 
(i) San Luis Canal Left and Right 
Bank pumping plants; 
(ii) Pumping Plants P1 through P38 
located at the head end of the gravity 
laterals to supply the head required for the 
‘‘P’’ laterals; 
(iii) Pumping Plants, tanks, res-
ervoirs, relift pumping plants to serve 
lands west of the San Luis Canal; and 
(iv) Pumping Plant 7.05 off Lateral 
7; and 
(C) 
related 
structures, 
appurtenances, 
pumping plants, pumps, motors, meters, valves, 
tanks, transformers, and electrical equipment 
as specifically identified through the title trans-
fer process of federally owned facilities, equip-
ment, and real property. 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
(2) Mendota Pool diversion facilities operated 
by Westlands Water District System, including the 
following: 
(A) Inlet Canal from the Fresno Slough. 
(B) Pumping plants, 6–1, 6–2, 7–1, 7–2. 
(C) Related structures, appurtenances, 
pumps, motors, meters, valves, tanks, trans-
formers, and electrical equipment as specifically 
identified through the title transfer process of 
federally owned facilities, equipment, and real 
property. 
(3) Pleasant Valley System, including the fol-
lowing: 
(A) Intake canal and pipeline. 
(B) Pleasant Valley Pumping Plant. 
(C) Coalinga Canal, including related 
check structures, turnouts, and headworks. 
(D) Pleasant Valley distribution system 
and pumping plants along the Coalinga Canal. 
(E) Related structures, appurtenances, 
pumps, motors, meters, valves, tanks, trans-
formers, and electrical equipment as specifically 
identified through the title transfer process of 
federally owned facilities, equipment, and real 
property. 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
(4) Drainage collection system, including the 
following: 
(A) Carrier and collector pipelines, sumps, 
and sump pumps. 
(B) San Luis Drain from Sta 6678+45 to 
Sta 8520+22.87. (Crossing with DMC to La-
guna Ave. crossing.) 
(C) Related structures, appurtenances, 
pumps, motors, meters, valves, tanks, trans-
formers, and electrical equipment as specifically 
identified through the title transfer process of 
federally owned facilities, equipment, and real 
property. 
(5) Tranquillity Field Office, including the fol-
lowing: 
(A) Buildings at 32650 West Adams Ave-
nue, Tranquillity, CA 93668. 
(B) All related fixtures and furnishings as 
specifically identified through the title transfer 
process of federally owned facilities, equipment, 
and real property. 
(6) Huron field office, including the following: 
(A) Buildings at 32450 South Lassen Ave-
nue, Huron, CA 93234. 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
(B) All related fixtures and furnishings as 
specifically identified through the title transfer 
process of federally owned facilities, equipment, 
and real property. 
(7) All real property interests held by the 
United States in lands underlying or otherwise asso-
ciated with the facilities and equipment listed in this 
subsection (a), including all fee title, easements, and 
rights of way. 
(b) PAYMENT OF COSTS.—Except as specifically pro-
vided in this Act, any transfer of title to the Pleasant Val-
ley Pumping Plant, the Coalinga Canal, and any associ-
ated facilities shall not relieve any other Project Water 
service or repayment contractor of the requirement to pay 
any allocated costs associated with those conveyance or 
pumping facilities that are properly allocated to those con-
tractors under existing law and Project ratesetting poli-
cies. 
(c) LIABILITY
ON TRANSFER
OF TITLE.—Upon 
transfer of title to any facilities pursuant to subsection 
(a), Westlands Water District shall, as a condition to such 
transfer, formally agree as of the date of transfer to— 
(1) hold the United States harmless and indem-
nify the United States for any and all claims, cost, 
damages, and judgments of any kind arising out of 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
any act, omission, or occurrence relating to the 
transferred facilities, except for such claims, costs, 
damages arising from acts of negligence committed 
by the United States or by its employees, agents, or 
contractors, prior to the date of title transfer, for 
which the United States is found liable under the 
Federal Tort Claims Act; and 
(2) assume full responsibility for correcting and 
financing any repairs or deficiencies that may exist 
at the time of or following title transfer. 
(d) COMPLIANCE.—The Secretary and Westlands 
Water District shall comply with all applicable require-
ments under Federal and California law before title to a 
facility is transferred pursuant to this section. 
SEC. 9. COMPLIANCE WITH APPLICABLE LAW. 
In implementing the measures authorized by this Act, 
the Secretary shall comply with all applicable Federal 
laws, rules, and regulations, including the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.), as necessary. 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
SEC. 10. NO WATER SUPPLY OR FINANCIAL IMPACTS ON 
OTHER CENTRAL VALLEY PROJECT CON-
TRACTORS. 
Implementation of this Act and the Agreements au-
thorized thereunder shall not— 
(1) result in the involuntary reduction in the 
contract water allocation to any Central Valley 
Project long-term water service, repayment, settle-
ment, exchange, or refuge contractor, including con-
tractors in the Friant Division of the Central Valley 
Project; 
(2) modify, amend or affect any of the rights 
and obligations of the parties to any Central Valley 
Project long-term water service, repayment, settle-
ment, exchange, or refuge contract, including con-
tracts in the Friant Division of the Central Valley 
Project; 
(3) alter the repayment obligation of any long- 
term water service, repayment, or settlement con-
tractor receiving water or power from the Central 
Valley Project, or shift any costs to other such con-
tractors that would otherwise have been properly as-
signable to San Luis Unit Contractors under this 
Act, including operations and maintenance costs, 
construction costs, or other capitalized costs allo-
VerDate Sep 11 2014 
21:06 Jan 14, 2016
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
cated to San Luis Unit Contractors after the date 
of the enactment of this Act; 
(4) impair the ability of the United States to 
implement paragraph 16 (The Water Management 
Goal) of the Stipulation of Settlement entered by the 
parties to Natural Resources Defense Council, et al. 
v. Rogers, et al. (Case NO CIV S–88–1658 (LKK/ 
GGH) E.D.Cal.), dated September 13, 2006, as au-
thorized to be implemented by title X of Public Law 
111–11; or 
(5) diminish, impair, or otherwise affect in any 
manner any priorities for the allocation, delivery, or 
use of water under applicable law, including any 
purposes of use and priorities established by sections 
3402 and 3406 of the Central Valley Project Im-
provement Act (Public Law 102–575; 106 Stat. 
4706). 
SEC. 11. RESTORATION FUND PAYMENTS BY WESTLANDS 
WATER DISTRICT. 
For the purpose of avoiding a shift of Central Valley 
Project Restoration Fund payments from Westlands 
Water District to Central Valley Project preference power 
contractors, for any year in which the allocation of water 
for south-of-Delta Central Valley Project long-term water 
service contractors or repayment contractors is greater 
VerDate Sep 11 2014 
21:06 Jan 14, 2016
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS
than 75 percent, the Secretary shall calculate for 
Westlands Water District a per acre foot Restoration 
Fund payment based on a projection that Westlands 
Water District would take delivery of the allocation made 
to south-of-Delta Central Valley Project long-term water 
service contractors or repayment contractors. 
Æ 
VerDate Sep 11 2014 
03:35 Jan 13, 2016
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6301
E:\BILLS\H4366.IH
H4366
srobinson on DSK5SPTVN1PROD with BILLS