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(8) By inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) Water banking and recharge.’’. 
(9) By adding at the end the following: 
‘‘(2) IMPLEMENTATION
OF
PLAN.—The Sec-
retary shall implement the plan required by para-
graph (1) commencing on October 1, 2017. In order 
to carry out this subsection, the Secretary shall co-
ordinate with the State of California in imple-
menting measures for the long-term resolution of 
problems in the San Francisco Bay/Sacramento-San 
Joaquin Delta Estuary. 
‘‘(3) FAILURE OF THE PLAN.—Notwithstanding 
any other provision of Federal reclamation law, if by 
September 30, 2018, the plan required by paragraph 
(1) fails to increase the annual delivery capability of 
the Central Valley Project by 800,000 acre-feet, im-
plementation of any non-mandatory action under 
section 3406(b)(2) shall be suspended until the plan 
achieves an increase in the annual delivery capability 
of the Central Valley Project by 800,000 acre-feet.’’. 
(d) TECHNICAL CORRECTION.—Section 3408(h) of 
the Central Valley Project Improvement Act (106 Stat. 
4729) is amended— 
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(1) in paragraph (1), by striking ‘‘paragraph 
(h)(2)’’ and inserting ‘‘paragraph (2)’’; and 
(2) in paragraph (2), by striking ‘‘paragraph 
(h)(i)’’ and inserting ‘‘paragraph (1)’’. 
(e) WATER STORAGE PROJECT CONSTRUCTION.— 
The Secretary, acting through the Commissioner of the 
Bureau of Reclamation, may partner or enter into an 
agreement on the water storage projects identified in sec-
tion 103(d)(1) of the Water Supply Reliability, and Envi-
ronmental Improvement Act (Public Law 108–361) (and 
Acts supplemental and amendatory to the Act) with local 
joint powers authorities formed pursuant to State law by 
irrigation districts and other local water districts and local 
governments within the applicable hydrologic region, to 
advance these projects. No additional Federal funds are 
authorized for the activities authorized in sections 
103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of 
Public Law 108–361. However, each water storage project 
under sections 103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 
103(d)(1)(A)(iii) of Public Law 108–361 is authorized for 
construction if non-Federal funds are used for financing 
and constructing the project. 
SEC. 108. BAY-DELTA ACCORD. 
(a) CONGRESSIONAL DIRECTION REGARDING CEN-
TRAL VALLEY PROJECT AND CALIFORNIA STATE WATER 
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PROJECT OPERATIONS.—The Central Valley Project and 
the State Water Project shall be operated pursuant to the 
water quality standards and operational constraints de-
scribed in the ‘‘Principles for Agreement on the Bay-Delta 
Standards Between the State of California and the Fed-
eral Government’’ dated December 15, 1994, and such op-
erations shall proceed without regard to the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other 
law pertaining to the operation of the Central Valley 
Project and the California State Water Project. Imple-
mentation of this section shall be in strict conformance 
with the ‘‘Principles for Agreement on the Bay-Delta 
Standards Between the State of California and the Fed-
eral Government’’ dated December 15, 1994. 
(b) APPLICATION OF LAWS TO OTHERS.—Neither a 
Federal department nor the State of California, including 
any agency or board of the State of California, shall im-
pose on any water right obtained pursuant to State law, 
including a pre-1914 appropriative right, any condition 
that restricts the exercise of that water right in order to 
conserve, enhance, recover or otherwise protect any species 
that is affected by operations of the Central Valley Project 
or California State Water Project. Nor shall the State of 
California, including any agency or board of the State of 
California, restrict the exercise of any water right obtained 
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pursuant to State law, including a pre-1914 appropriative 
right, in order to protect, enhance, or restore under the 
Public Trust Doctrine any public trust value. Implementa-
tion of the ‘‘Principles for Agreement on the Bay-Delta 
Standards Between the State of California and the Fed-
eral Government’’ dated December 15, 1994, shall be in 
strict compliance with the water rights priority system and 
statutory protections for areas of origin. 
(c) COSTS.—No cost associated with the implementa-
tion of this section shall be imposed directly or indirectly 
on any Central Valley Project contractor, or any other per-
son or entity, unless such costs are incurred on a voluntary 
basis. 
(d) NATIVE SPECIES PROTECTION.—California law is 
preempted with respect to any restriction on the quantity 
or size of nonnative fish taken or harvested that preys 
upon one or more native fish species that occupy the Sac-
ramento and San Joaquin Rivers and their tributaries or 
the Sacramento-San Joaquin Rivers Delta. 
SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED SPECIES. 
After the date of the enactment of this title, and re-
gardless of the date of listing, the Secretaries of the Inte-
rior and Commerce shall not distinguish between natural- 
spawned and hatchery-spawned or otherwise artificially 
propagated strains of a species in making any determina-
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tion under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) that relates to any anadromous fish 
species present in the Sacramento and San Joaquin Rivers 
or their tributaries and ascend those rivers and their trib-
utaries to reproduce after maturing in San Francisco Bay 
or the Pacific Ocean. 
SEC. 110. REGULATORY STREAMLINING. 
(a) APPLICABILITY OF CERTAIN LAWS.—Filing of a 
Notice of Determination or a Notice of Exemption for any 
project, including the issuance of a permit under State 
law, related to any project of the CVP or the delivery of 
water therefrom in accordance with the California Envi-
ronmental Quality Act shall be deemed to meet the re-
quirements of section 102(2)(C) of the National Environ-
mental Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for 
that project or permit. 
(b) CONTINUATION OF PROJECT.—The Bureau of 
Reclamation shall not be required to cease or modify any 
major Federal action or other activity related to any 
project of the CVP or the delivery of water therefrom 
pending completion of judicial review of any determination 
made under the National Environmental Protection Act 
of 1969 (42 U.S.C. 4332(2)(C)). 
(c) PROJECT DEFINED.—For the purposes of this 
section: 
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(1) CVP.—The term ‘‘CVP’’ means the Central 
Valley Project. 
(2) PROJECT.—The term ‘‘project’’— 
(A) means an activity that— 
(i) is undertaken by a public agency, 
funded by a public agency, or that requires 
an issuance of a permit by a public agency; 
(ii) has a potential to result in phys-
ical change to the environment; and 
(iii) may be subject to several discre-
tionary approvals by governmental agen-
cies; 
(B) may include construction activities, 
clearing or grading of land, improvements to 
existing structures, and activities or equipment 
involving the issuance of a permit; or 
(C) as defined under the California Envi-
ronmental Quality Act in section 21065 of the 
California Public Resource Code. 
SEC. 111. ADDITIONAL EMERGENCY CONSULTATION. 
For adjustments to operating criteria other than 
under section 108 or to take urgent actions to address 
water supply shortages for the least amount of time or 
volume of diversion necessary as determined by the Com-
missioner of Reclamation, no mitigation measures shall be 
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required during any year that the Sacramento Valley 
index is 6.5 or lower, or at the request of the State of 
California, and until two succeeding years following either 
of those events have been completed where the final Sac-
ramento Valley Index is 7.8 or greater, and any mitigation 
measures imposed must be based on quantitative data and 
required only to the extent that such data demonstrates 
actual harm to species. 
SEC. 112. APPLICANTS. 
In the event that the Bureau of Reclamation or an-
other Federal agency initiates or reinitiates consultation 
with the U.S. Fish and Wildlife Service or the National 
Marine Fisheries Service under section 7(a)(2) of the En-
dangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), 
with respect to construction or operation of the Central 
Valley Project and State Water Project, or any part there-
of, the State Water Project contractors and the Central 
Valley Project contractors will be accorded all the rights 
and responsibilities extended to applicants in the consulta-
tion process. 
SEC. 113. SAN JOAQUIN RIVER SETTLEMENT. 
(a) PURPOSE AND FINDINGS.— 
(1) PURPOSE AND FINDINGS.—Section 10002 
of the San Joaquin River Restoration Settlement 
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Act (Public Law 111–11) is amended to read as fol-
lows: 
‘‘SEC. 10002. PURPOSE AND FINDINGS. 
‘‘(a) PURPOSE.—The purpose of this part is to au-
thorize implementation of the Settlement. 
‘‘(b) FINDINGS.—Congress finds that since the date 
of the enactment of this Act, the following conditions now 
persist with regard to implementation of the Settlement: 
‘‘(1) Millions of dollars of economic damages 
have occurred due to seepage from rivers flows and 
other impacts to third parties affected by the Settle-
ment and San Joaquin River Restoration Program 
and such impacts will continue for the duration of 
the Settlement and Restoration Program implemen-
tation. 
‘‘(2) Estimated costs of implementing the Set-
tlement have more than doubled from the initial esti-
mates for implementing the Settlement, from a high- 
end estimate of $800,000,000 to more than 
$1,700,000,000, due to unrealistic initial cost esti-
mates, additional, unanticipated cost increases re-
lated to damages to land from seepage and to infra-
structure from subsidence, and from increased con-
struction costs to complete channel improvements, 
and other improvements not originally identified, but 
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anticipated in the Settlement as necessary to imple-
ment the Restoration Goal. 
‘‘(3) Achievement of the Settlement’s Water 
Management Goal, to reduce or avoid water supply 
impacts to Friant Division long-term contractors, in-
cluding the Friant-Kern Canal and Madera Canal 
capacity restoration projects have not progressed 
and are likely impossible given available and likely 
future funding and regulatory constraints. 
‘‘(4) Implementation of the Settlement’s Res-
toration Goal has already fallen short of the sched-
ule agreed to by the Settling Parties and Congress, 
which required the reintroduction of Spring-run and 
Fall-run Chinook salmon in the river by December 
31, 2012, and the majority of Paragraph 11 im-
provements construction to be complete by Decem-
ber 31, 2013, with the remainder of the paragraph 
(11) improvements to be completed by December 31, 
2016, neither of which deadlines have been met and 
the Secretary has now made findings that such im-
provements will not be completed until 2030 at the 
earliest and likely beyond that timeframe, which 
schedule assumes full funding of the Restoration 
Program, which has not occurred. 
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‘‘(5) Catastrophic species declines in the Sac-
ramento-San Joaquin Delta and other changed con-
ditions have affected the Friant Division’s water 
supply in ways unimagined during the time of the 
Settlement’s signing, resulting in additional reduc-
tions in water supply for the Friant Division beyond 
what was agreed to in the Settlement. 
‘‘(6) Recent scientific assessments of likely fu-
ture climate change suggest that no amount of addi-
tional flow in the San Joaquin River will sustain 
Spring-run Chinook salmon, one of the target spe-
cies for maintaining a self-sustaining population 
below Friant Dam. 
‘‘(7) In consideration of existing conditions, it 
is not reasonable, prudent and feasible to implement 
the Settlement as originally authorized.’’. 
(2) DEFINITIONS.—Section 10003 of the San 
Joaquin River Restoration Settlement Act (Public 
Law 111–11) is amended by adding at the end the 
following: 
‘‘(4) The term ‘Exchange Contractors’ means 
San Joaquin River Exchange Contractors Water Au-
thority, whose members are the Central California 
Irrigation District, Columbia Canal Company, the 
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Firebaugh Canal Water District, and the San Luis 
Canal Company. 
‘‘(5) The term ‘Governor’ means the Governor 
of the State of California. 
‘‘(6) The term ‘Gravelly Ford’ means the Grav-
elly Ford gaging station in the San Joaquin River 
located at approximately River Mile 230. 
‘‘(7) The term ‘Restoration Area’ means the 
San Joaquin River between Friant Dam and the 
Merced River confluence, and generally within 1,500 
feet of the centerline of the river. 
‘‘(8) The term ‘Restoration Flow’ means the 
hydrograph flows (as provided in paragraph 18 and 
exhibit B of the Settlement), buffer flows of up to 
10 percent of the applicable hydrograph flows, and 
any additional water acquired by the Secretary of 
the Interior from willing sellers to meet the Restora-
tion Goal of the Settlement. 
‘‘(9) The term ‘Restoration Fund’ means that 
fund established by this part. 
‘‘(10) The term ‘Sack Dam’ means a low-head 
earth and concrete structure with wooden flap gates 
that diverts San Joaquin River flows into the Arroyo 
Canal at approximately River Mile 182.1. 
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‘‘(11) The term ‘Warm Water Fishery’ means 
a water system that has an environment suitable for 
species of fish other than salmon (including any sub-
species) and trout (including all subspecies). 
‘‘(12) The term ‘third party’ means the Ex-
change Contractors or any member thereof, current 
or former members of the San Joaquin Tributaries 
Authority, and current or former members of the 
San Luis and Delta Mendota Water Authority.’’; 
and 
(3) IMPLEMENTATION OF SETTLEMENT.—Sec-
tion 10004 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(A) in subsection (f), by striking ‘‘pursu-
ant to the Settlement and section 10011’’ and 
inserting ‘‘or other species for any reason’’; 
(B) in subsection (g), by inserting ‘‘or the 
implementation of the Settlement and the re-
introduction of California Central Valley Spring 
Run Chinook salmon or any other species,’’ 
after ‘‘nothing in this part’’; 
(C) in subsection (h)— 
(i) in the header by striking ‘‘IN-
TERIM’’; 
(ii) in paragraph (1)— 
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(I) by striking ‘‘Interim Flows’’ 
and inserting ‘‘Flows’’ each place it 
appears; 
(II) in subparagraph (C)(ii), by 
inserting ‘‘which shall be imple-
mented’’ after ‘‘significant’’; and 
(III) in subparagraph (E), by 
striking ‘‘as a result of the Interim 
Flows’’ and inserting ‘‘or State laws 
as a result of Flows.’’; and 
(iii) by striking paragraphs (2), (3), 
and (4) and inserting the following: 
‘‘(2) CONDITIONS
FOR
RELEASE.—The Sec-
retary is authorized to release Flows— 
‘‘(A) if all improvements and mitigation 
measures are completed or implemented, includ-
ing all actions necessary to mitigate impacts on 
landowners, water agencies, and water users; 
and 
‘‘(B) if such Flows will not exceed existing 
downstream channel capacities. 
‘‘(3) SEEPAGE IMPACTS.—(A) The Secretary, in 
implementing this Act, shall not cause material ad-
verse impacts to third parties. The Secretary shall 
reduce Flows to the extent necessary to address any 
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material adverse impacts to third parties from 
groundwater seepage or levee instability caused by 
such flows identified based on the monitoring pro-
gram of the Secretary. Notwithstanding the fore-
going, the Secretary shall not directly or indirectly 
cause groundwater to rise above 10 feet below 
ground surface and shall provide at least 10 feet 
below ground surface as a minimum threshold ele-
vation for groundwater beneath any fields where per-
manent or other deep rooted crops are grown, and 
at least 6 feet below ground surface as a minimum 
threshold elevation for groundwater beneath any 
fields where annual or shallow rooted crops are 
grown. These minimum thresholds shall be adjusted 
yearly based upon information provided by individual 
landowners regarding the minimum threshold that 
they will need in order to grow their crop(s) that 
year. If during the course of the year the landowner 
informs the Secretary that detrimental seepage is 
being experienced or is reasonably likely to occur de-
spite the adherence to the minimum threshold, the 
Secretary shall reduce Restoration Flows to a vol-
ume sufficient to reduce seepage impacts by reduc-
ing the occurrence of groundwater to a non-dam-
aging level below ground surface. 
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‘‘(B) If Flow reduction alone is not sufficient to 
mitigate for seepage impacts the Secretary shall 
mitigate by real estate transaction or installation of 
physical measures, whichever option is requested by 
the landowner. 
‘‘(C) Any water that seeps onto private prop-
erty shall thereupon become the property of that 
landowner if the landowner takes control of the 
water including by re-diverting it to the San Joaquin 
River. If seepage water is returned to the San Joa-
quin River it shall meet applicable water quality re-
quirements. 
‘‘(4) TEMPORARY FISH BARRIER PROGRAM.— 
Using funds otherwise available from the San Joa-
quin River Restoration Fund if necessary, the Sec-
retary is authorized to make improvements to the 
Hills Ferry Barrier or any replacement thereof in 
order to prevent upstream migration of any pro-
tected species to the restoration area. The Secretary 
is further authorized to work with the California De-
partment of Fish and Wildlife for the improvement 
or replacement of the Hills Ferry Barrier in order 
to prevent the upstream migration of any protected 
species. If third parties south of the confluence with 
the Merced River are required to install their screens 
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or fish bypass facilities in order to comply with the 
Endangered Species Act of 1973, the Secretary shall 
bear the costs of such screens or facilities, except to 
the extent that such costs are already or are further 
willingly borne by the State of California or by the 
third parties. Expenditures by Reclamation are non- 
reimbursable. Any protected species recovered at the 
Hills Ferry Barrier or in the Restoration Area or 
any river or false pathways thereto that is to be relo-
cated outside of the Restoration Area shall only be 
relocated to an area where there is an established 
self-sustaining population of that same genotype or 
phenotype.’’; and 
(D) by amending subsection (j) to read as 
follows: 
‘‘(j) SAN JOAQUIN RIVER EXCHANGE CONTRACT AND 
RELATED.—Subject to section 10006(b), nothing in this 
part shall modify or amend the rights and obligations 
under the Purchase Contract between Miller and Lux and 
the United States including without exclusion of others, 
any right to enforce the power contracts identified in the 
Purchase Contract, the Second Amended Exchange Con-
tract between the United States, Department of the Inte-
rior Bureau of Reclamation and Central California Irriga-
tion District, San Luis Canal Company, Firebaugh Canal 
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