I 
113TH CONGRESS 
2D SESSION 
H. R. 5781 
To provide short-term water supplies to drought-stricken California. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 2, 2014 
Mr. VALADAO (for himself, Mr. NUNES, Mr. MCCARTHY of California, Mr. 
MCCLINTOCK, Mr. CALVERT, Mr. LAMALFA, and Mr. COSTA) introduced 
the following bill; which was referred to the Committee on Natural Re-
sources 
A BILL 
To provide short-term water supplies to drought-stricken 
California. 
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 
‘‘California Emergency Drought Relief Act of 2014’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—CALIFORNIA EMERGENCY DROUGHT RELIEF 
Sec. 101. Definitions. 
Sec. 102. Emergency projects. 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
Sec. 103. Temporary operational flexibility for first few storms of the water 
year. 
Sec. 104. Progress report. 
Sec. 105. Status of surface storage studies. 
TITLE II—PROTECTION OF THIRD-PARTY WATER RIGHTS 
Sec. 201. Offset for State Water Project. 
Sec. 202. Area of origin protections. 
Sec. 203. No redirected adverse impacts. 
Sec. 204. Allocations For Sacramento Valley Contractors. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Effect on existing obligations. 
Sec. 302. Termination of authorities. 
TITLE I—CALIFORNIA 
EMERGENCY DROUGHT RELIEF 
SEC. 101. DEFINITIONS. 
In this title: 
(1) CENTRAL
VALLEY
PROJECT.—The term 
‘‘Central Valley Project’’ has the meaning given the 
term in section 3403 of the Central Valley Project 
Improvement Act (106 Stat. 4707). 
(2) DELTA.—The term ‘‘Delta’’ means the Sac-
ramento-San Joaquin Delta and the Suisun Marsh, 
as defined in sections 12220 and 29101 of the Cali-
fornia Public Resources Code. 
(3) NEGATIVE
IMPACT
ON
THE
LONG-TERM 
SURVIVAL.—The term ‘‘negative impact on the long- 
term survival’’ means to reduce appreciably the like-
lihood of both the survival and recovery of a listed 
species in the wild by reducing the reproduction, 
numbers, or distribution of that species. 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
(4) SALMONID
BIOLOGICAL
OPINION.—The 
term ‘‘salmonid biological opinion’’ means the bio-
logical opinion issued by the National Marine Fish-
eries Service on June 4, 2009. 
(5) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) the Secretary of Commerce; and 
(B) the Secretary of the Interior. 
(6) SMELT
BIOLOGICAL
OPINION.—The term 
‘‘smelt biological opinion’’ means the biological opin-
ion on the Long-Term Operational Criteria and Plan 
for coordination of the Central Valley Project and 
State Water Project issued by the United States 
Fish and Wildlife Service on December 15, 2008. 
(7) STATE.—The term ‘‘State’’ means the State 
of California. 
(8) STATE WATER PROJECT.—The term ‘‘State 
Water Project’’ means the water project described 
by California Water Code section 11550 et seq. and 
operated by the California Department of Water Re-
sources. 
SEC. 102. EMERGENCY PROJECTS. 
(a) IN GENERAL.—Subject to the priority of individ-
uals or entities, including those with Sacramento River 
Settlement Contracts, that have priority to the diversion 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
and use of water over water rights held by the United 
States for operations of the Central Valley Project and 
over rights held by the State for operations of the State 
Water Project and the United States obligation to make 
a substitute supply of water available to the San Joaquin 
River Exchange Contractors, the Secretaries shall direct 
the operations of the Central Valley Project and allow the 
State Water Project to provide the maximum quantity of 
water supplies possible to Central Valley Project agricul-
tural, municipal and industrial, and refuge service and re-
payment contractors, and State Water Project contrac-
tors, by approving, consistent with applicable laws (includ-
ing regulations)— 
(1) any project or operations to provide addi-
tional water supplies if there is any possible way 
whatsoever that the Secretaries can do so unless the 
project or operations constitute a highly inefficient 
way of providing additional water supplies; and 
(2) any projects or operations as quickly as pos-
sible based on available information to address the 
emergency conditions. 
(b) MANDATE.—In carrying out subsection (a), the 
applicable Secretary shall— 
(1) authorize and implement actions to ensure 
that the Delta Cross Channel Gates remain open to 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
the maximum extent practicable using findings from 
the United States Geological Survey on diurnal be-
havior of juvenile salmonids, timed to maximize the 
peak flood tide period and provide water supply and 
water quality benefits, consistent with operational 
criteria and monitoring set forth in the California 
State Water Resources Control Board’s Order Ap-
proving a Temporary Urgency Change in License 
and Permit Terms in Response to Drought Condi-
tions, effective January 31, 2014, or a successor 
order; 
(2)(A) implement turbidity control strategies 
that allow for increased water deliveries for the Cen-
tral Valley Project and State Water Project while 
avoiding a negative impact on the long-term survival 
delta smelt (Hypomesus transpacificus) due to en-
trainment at Central Valley Project and State Water 
Project pumping plants; 
(B) operating within the ranges provided for in 
the smelt biological opinion and the salmonid biologi-
cal opinion to minimize water supply reductions for 
the Central Valley Project and the State Water 
Project, manage reverse flow in Old and Middle Riv-
ers at ¥5,000 cubic feet per second (cfs) unless cur-
rent scientific data indicate a less negative Old and 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
Middle River flow is necessary to avoid a negative 
impact on the long-term survival of the listed spe-
cies; and 
(C) show in writing that any determination to 
manage OMR reverse flow at rates less negative 
than ¥5000 cubic feet per second is necessary to 
avoid a significant negative impact on the long-term 
survival of the Delta smelt, including an explanation 
of the data examined and the connection between 
those data and the choice made prior to reducing 
pumping to a rate less negative than ¥5000 cfs; 
(3) adopt a 1:1 inflow to export ratio for the in-
crement of increased flow of the San Joaquin River, 
as measured as a 3-day running average at Vernalis 
during the period from April 1 through May 31, re-
sulting from voluntary sale, transfers, or exchanges 
of water from agencies with rights to divert water 
from the San Joaquin River or its tributaries on the 
condition that a proposed sale, transfer, or exchange 
under this paragraph may only proceed if the Sec-
retary of the Interior determines that the environ-
mental effects of the proposed sale, transfer, or ex-
change are consistent with effects permissible under 
applicable law (including regulations), and provided 
that Delta conditions are suitable to allow movement 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
of the acquired, transferred, or exchanged water 
through the Delta consistent with the Central Valley 
Project’s and the State Water Project’s permitted 
water rights; 
(4) issue all necessary permit decisions under 
the authority of the Secretaries within 30 days of re-
ceiving a completed application by the State to place 
and use temporary barriers or operable gates in 
Delta channels to improve water quantity and qual-
ity for Central Valley Project and State Water 
Project contractors and other water users, which 
barriers or gates should provide benefits for species 
protection and in-Delta water user water quality and 
shall be designed such that formal consultations 
under section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536) would not be necessary; 
(5)(A) complete all requirements under the Na-
tional Environmental 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.) necessary to make 
final permit decisions on water transfer requests as-
sociated with voluntarily fallowing nonpermanent 
crops in the State, within 30 days of receiving such 
a request; and 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
(B) allow any water transfer request associated 
with fallowing to maximize the quantity of water 
supplies available for nonhabitat uses as long as the 
fallowing and associated water transfer are in com-
pliance with applicable Federal laws (including regu-
lations); 
(6) allow any North of Delta agricultural water 
service contractor with unused Central Valley 
Project water to take delivery of such unused water 
through April 15, of the contract year immediately 
following the contract year in which such water was 
allocated, if— 
(A) the contractor requests the extension; 
and 
(B) the requesting contractor certifies 
that, without the extension, the contractor 
would have insufficient supplies to adequately 
meet water delivery obligations; 
(7) to the maximum extent possible based on 
the availability and quality of groundwater and with-
out causing land subsidence— 
(A) meet the Level 2 and Level 4 water 
supply needs of units of the National Wildlife 
Refuge System in the Central Valley of Cali-
fornia, the Gray Lodge, Los Banos, Volta, 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
North Grasslands, and Mendota State wildlife 
management areas, and the Grasslands Re-
sources Conservation District in the Central 
Valley of California through the improvement 
or installation of wells to use groundwater re-
sources and the purchase of water from willing 
sellers; and 
(B) make a quantity of Central Valley 
Project water obtained from the measures im-
plemented under subparagraph (A) available to 
Central Valley Project water service contrac-
tors; and 
(8) implement instream and offsite projects in 
the Delta and upstream in the Sacramento River 
and San Joaquin basins, in coordination with the 
California Department of Water Resources and the 
California Department of Fish and Wildlife, that 
offset the effects on species listed as threatened or 
endangered under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) due to actions taken 
under this Act. 
(c) OTHER AGENCIES.—To the extent that a Federal 
agency other than agencies headed by the Secretaries has 
a role in approving projects described in subsections (a) 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
and (b), the provisions of this section shall apply to those 
Federal agencies. 
(d) ACCELERATED PROJECT DECISION AND ELE-
VATION.— 
(1) IN
GENERAL.—Upon the request of the 
State, the heads of Federal agencies shall use the 
expedited procedures under this subsection to make 
final decisions relating to a Federal project or oper-
ation to provide additional water supplies or address 
emergency drought conditions pursuant to sub-
sections (a) and (b). 
(2) REQUEST FOR RESOLUTION.— 
(A) IN
GENERAL.—Upon the request of 
the State, the head of an agency referred to in 
subsection (a), or the head of another Federal 
agency responsible for carrying out a review of 
a project, as applicable, the Secretary of the In-
terior shall convene a final project decision 
meeting with the heads of all relevant Federal 
agencies to decide whether to approve a project 
to provide emergency water supplies. 
(B) MEETING.—The Secretary of the Inte-
rior shall convene a meeting requested under 
subparagraph (A) not later than 7 days after 
receiving the meeting request. 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
(3) NOTIFICATION.—Upon receipt of a request 
for a meeting under this subsection, the Secretary of 
the Interior shall notify the heads of all relevant 
Federal agencies of the request, including the 
project to be reviewed and the date for the meeting. 
(4) DECISION.—Not later than 10 days after 
the date on which a meeting is requested under 
paragraph (2), the head of the relevant Federal 
agency shall issue a final decision on the project in 
writing. 
(5) MEETING CONVENED BY SECRETARY.—The 
Secretary of the Interior may convene a final project 
decision meeting under this subsection at any time, 
at the discretion of the Secretary, regardless of 
whether a meeting is requested under paragraph (2). 
SEC. 103. TEMPORARY OPERATIONAL FLEXIBILITY FOR 
FIRST FEW STORMS OF THE WATER YEAR. 
(a) IN GENERAL.—Consistent with avoiding a nega-
tive impact on the long-term survival in the short-term 
upon listed fish species beyond the range of those author-
ized under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) and other environmental protections 
under subsection (d), the Secretaries shall authorize the 
Central Valley Project and the State Water Project, com-
bined, to operate at levels that result in negative Old and 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
Middle River flows at ¥7500 cubic feet per second (based 
on United States Geological Survey gauges on Old and 
Middle Rivers) daily average for 28 cumulative days after 
October 1, as described in subsection (b). 
(b) DAYS
OF TEMPORARY OPERATIONAL FLEXI-
BILITY.—The temporary operational flexibility described 
in subsection (a) shall be authorized on days that the Cali-
fornia Department of Water Resources determines the 
daily average river flow of the Sacramento River is at, or 
above, 17,000 cubic feet per second as measured at the 
Sacramento River at Freeport gauge maintained by the 
United States Geologic Survey. 
(c) COMPLIANCE WITH ESA AUTHORIZATIONS.—In 
carrying out this section, the Secretaries may continue to 
impose any requirements under the smelt and salmonid 
biological opinions during any period of temporary oper-
ational flexibility as they determine are reasonably nec-
essary to avoid additional negative impacts on the long- 
term survival of a listed fish species beyond the range of 
those authorized under the Endangered Species Act of 
1973. 
(d) OTHER ENVIRONMENTAL PROTECTIONS.— 
(1) The Secretaries’ actions under this section 
shall be consistent with applicable regulatory re-
quirements under state law, including State Water 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
Resources Control Board Decision 1641, as it may 
be implemented in any given year. 
(2) During the first flush of sediment out of the 
Delta in each water year, and provided that such de-
termination is based upon objective evidence, OMR 
flow may be managed at rates less negative than 
¥5000 cubic feet per second for a minimum dura-
tion to avoid movement of adult Delta smelt 
(Hypomesus transpacificus) to areas in the southern 
Delta that would be likely to increase entrainment at 
Central Valley Project and State Water Project 
pumping plants. 
(3) This section shall not affect the application 
of the salmonid biological opinion from April 1 to 
May 31, unless the Secretary of Commerce finds 
that some or all of such applicable requirements may 
be adjusted during this time period to provide emer-
gency water supply relief without resulting in addi-
tional adverse effects beyond those authorized under 
the Endangered Species Act of 1973. In addition to 
any other actions to benefit water supply, the Sec-
retary and the Secretary of Commerce shall consider 
allowing through-Delta water transfers to occur dur-
ing this period. 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
(4) During operations under this section, the 
Commissioner of Reclamation, in coordination with 
the Fish and Wildlife Service, National Marine Fish-
eries Service, and California Department of Fish 
and Wildlife, shall undertake a monitoring program 
and other data gathering to ensure incidental take 
levels are not exceeded, and to identify potential 
negative impacts and actions, if any, necessary to 
mitigate impacts of the temporary operational flexi-
bility to species listed under the Endangered Species 
Act of 1973. 
(e) TECHNICAL ADJUSTMENTS
TO TARGET PE-
RIOD.—If, before temporary operational flexibility has 
been implemented on 28 cumulative days, the Secretaries 
operate the Central Valley Project and the State Water 
Project combined at levels that result in Old and Middle 
River flows less negative than ¥7500 cubic feet per sec-
ond during days of temporary operational flexibility as de-
fined in subsection (b), the duration of such operation 
shall not be counted toward the 28 cumulative days speci-
fied in subsection (a). 
(f) EMERGENCY CONSULTATION; EFFECT ON RUN-
NING AVERAGES.— 
(1) If necessary to implement the provisions of 
this section, the Commissioner shall use the emer-
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
gency consultation procedures under the Endangered 
Species Act of 1973 and its implementing regulation 
at section 402.05, title 50, Code of Federal Regula-
tions, to temporarily adjust the operating criteria 
under the biological opinions, solely for the 28 cu-
mulative 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 
River flow requirements under the biological 
opinions. 
(2) At the conclusion of the 28 cumulative days 
of temporary operational flexibility, the Commis-
sioner shall not reinitiate consultation on these ad-
justed 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 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
Species Act. If the Commissioner reinitiates con-
sultation, 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-
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. 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
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. 
(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 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
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 Biologi-
cal 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-
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 Biological 
Opinions 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, 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
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). 
(b) DIVERSIONS.—Any action undertaken by the Sec-
retary of the Interior or the Secretary of Commerce pursu-
ant to both this Act and section 7 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531, et seq.) that requires 
that diversions from the Sacramento River or the San Joa-
quin River watersheds upstream of the Delta be bypassed 
shall not be undertaken in a manner that alters the water 
rights priorities established by California law. 
(c) NEPA.—Nothing in this title alters the existing 
authorities provided to and obligations placed upon the 
Federal Government under the Endangered Species Act 
of 1973 (16 U.S.C. 1531, et seq.), as amended. 
(d) CONTRACTS.—With respect to individuals and en-
tities with water rights on the Sacramento River, the man-
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
dates of this section may be met, in whole or in part, 
through a contract with the Secretary executed pursuant 
to section 14 of Public Law 76–260, 53 Stat. 1187 (43 
U.S.C. 389) that is in conformance with the Sacramento 
River Settlement Contracts renewed by the Secretary in 
2005. 
SEC. 203. NO REDIRECTED ADVERSE IMPACTS. 
(a) IN GENERAL.—The Secretary of the Interior shall 
ensure that, except as otherwise provided for in a water 
service or repayment contract, actions taken in compliance 
with legal obligations imposed pursuant to or as a result 
of this Act, including such actions under section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
and other applicable Federal and State laws, shall not di-
rectly or indirectly— 
(1) result in the involuntary reduction of water 
supply or fiscal impacts to individuals or districts 
who receive water from either the State Water 
Project or the United States under water rights set-
tlement contracts, exchange contracts, water service 
contracts, repayment contracts, or water supply con-
tracts; or 
(2) cause redirected adverse water supply or fis-
cal impacts to those within the Sacramento River 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
watershed, the San Joaquin River watershed or the 
State Water Project service area. 
(b) COSTS.—To the extent that costs are incurred 
solely pursuant to or as a result of this Act and would 
not otherwise have been incurred by any entity or public 
or local agency or subdivision of the State of California, 
such costs shall not be borne by any such entity, agency, 
or subdivision of the State of California, unless such costs 
are incurred on a voluntary basis. 
(c) RIGHTS AND OBLIGATIONS NOT MODIFIED OR 
AMENDED.—Nothing in this Act shall modify or amend 
the rights and obligations of the parties to any existing— 
(1) water service, repayment, settlement, pur-
chase, or exchange contract with the United States, 
including the obligation to satisfy exchange contracts 
and settlement contracts prior to the allocation of 
any other Central Valley Project water; or 
(2) State Water Project water supply or settle-
ment contract with the State. 
SEC. 204. ALLOCATIONS FOR SACRAMENTO VALLEY CON-
TRACTORS. 
(a) ALLOCATIONS.— 
(1) IN
GENERAL.—Subject to paragraph (2) 
and subsection (b), the Secretary of the Interior is 
directed, in the operation of the Central Valley 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
Project, to allocate water provided for irrigation pur-
poses to existing Central Valley Project agricultural 
water service contractors within the Sacramento 
River Watershed in compliance with the following: 
(A) Not less than 100 percent of their con-
tract quantities in a ‘‘Wet’’ year. 
(B) Not less than 100 percent of their con-
tract quantities in an ‘‘Above Normal’’ year. 
(C) Not less than 100 percent of their con-
tract quantities in a ‘‘Below Normal’’ year that 
is preceded by an ‘‘Above Normal’’ or a ‘‘Wet’’ 
year. 
(D) Not less than 50 percent of their con-
tract quantities in a ‘‘Dry’’ year that is pre-
ceded by a ‘‘Below Normal,’’ an ‘‘Above Nor-
mal,’’ or a ‘‘Wet’’ year. 
(E) In all other years not identified herein, 
the allocation percentage for existing Central 
Valley Project agricultural water service con-
tractors within the Sacramento River Water-
shed shall not be less than twice the allocation 
percentage to south-of-Delta Central Valley 
Project agricultural water service contractors, 
up to 100 percent; provided, that nothing here-
in shall preclude an allocation to existing Cen-
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
tral Valley Project agricultural water service 
contractors within the Sacramento River Water-
shed that is greater than twice the allocation 
percentage to South-of-Delta Central Valley 
Project agricultural water service contractors. 
(2) 
CONDITIONS.—The 
Secretary’s 
actions 
under paragraph (a) 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 
(C) the Secretary of the Interior’s obliga-
tion to make water available to managed wet-
lands pursuant to section 3406(d) of the Cen-
tral Valley Project Improvement Act, (Public 
Law 102–575). 
(b) PROTECTION OF MUNICIPAL AND INDUSTRIAL 
SUPPLIES.—Nothing in subsection (a) shall be deemed 
to— 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
(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 
of the Interior to adopt or modify municipal and in-
dustrial water shortage policies; 
(3) affect or limit the authority of the Secretary 
of the Interior to implement municipal and indus-
trial water shortage policies; or 
(4) affect allocations to Central Valley Project 
municipal and industrial contractors pursuant to 
such policies. 
Neither subsection (a) nor the Secretary of the Interior’s 
implementation of subsection (a) shall constrain, govern 
or affect, directly or indirectly, the operations of the Cen-
tral Valley Project’s American River Division or any deliv-
eries from that Division, its units or its facilities. 
(c) NO EFFECT
ON ALLOCATIONS.—This section 
shall not— 
(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. 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
(d) PROGRAM
FOR WATER RESCHEDULING.—The 
Secretary of the Interior shall direct that the United 
States Bureau of Reclamation develop and implement a 
program, not later than one year after the date of the en-
actment of this Act, to provide for the opportunity for ex-
isting Central Valley Project agricultural water service 
contractors within the Sacramento River Watershed to re-
schedule water, provided for under their Central Valley 
Project water service contracts, from one year to the next. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘existing Central Valley Project 
agricultural water service contractors within the 
Sacramento River Watershed’’ means water service 
contractors within the Shasta, Trinity, and Sac-
ramento 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. 
(2) The year type terms used in subsection (a) 
have the meaning given those year types in the Sac-
ramento Valley Water Year Type (40–30–30) Index. 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. EFFECT ON EXISTING OBLIGATIONS. 
Nothing in this Act preempts or modifies any existing 
obligation of the United States under Federal reclamation 
law to operate the Central Valley Project in conformity 
with State law, including established water rights prior-
ities. 
SEC. 302. TERMINATION OF AUTHORITIES. 
This Act shall expire on September 30, 2016, or the 
date on which the Governor of the State suspends the 
state of drought emergency declaration, whichever is later. 
Æ 
VerDate Sep 11 2014 
20:58 Dec 02, 2014
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6301
E:\BILLS\H5781.IH
H5781
mstockstill on DSK4VPTVN1PROD with BILLS