NEED Water Act
Bill: H.R.4018 | Sponsor: Rep. Valadao, David G. (R-CA)
Policy area: Water Resources Development

Summary:
Necessary to Ensure Expeditious Delivery of Water Act or the NEED Water Act
This bill addresses drought in California.
The bill requires the Department of Commerce and the Department of the Interior to direct the operations of the Central Valley Project and allow operations of the State Water Project ( both in California) to provide the maximum quantity of water supplies possible to (1) the Central Valley Project agricultural, municipal and industrial, and refuge service and repayment contractors; and (2) State Water Project contractors.
The bill extends the authority for the funding of federally owned storage projects and state-led storage projects that Interior determines to be feasible before January 1, 2031.
The bill extends various water projects in California until December 31, 2031.
The bill extends federal agency cooperation with state and local agencies to resolve water resource issues concerning the conservation of endangered species in any consultation or reconsultation on the coordinated operation of the Central Valley Project and the State Valley Project until December 31, 2036.

To provide drought relief in the State of California, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Necessary to Ensure Expeditious 
Delivery of Water Act'' or the ``NEED Water Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
         TITLE I--RESPONDING TO CALIFORNIA'S DROUGHT EMERGENCY

Sec. 101. Definitions.
Sec. 102. Emergency projects.
Sec. 103. Progress report.
Sec. 104. 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.
                       TITLE III--RENEW WIIN ACT

Sec. 301. Short title.
Sec. 302. Extension of authority.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Effect on existing obligations.
Sec. 402. Termination of authorities.

         TITLE I--RESPONDING TO CALIFORNIA'S DROUGHT EMERGENCY

SEC. 101. DEFINITIONS.

    In this Act:
            (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 Sacramento-San 
        Joaquin Delta and the Suisun Marsh, as defined in sections 
        12220 and 29101 of the California 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 likelihood of both the survival and recovery of 
        a listed species in the wild by reducing the reproduction, 
        numbers, or distribution of that species.
            (4) Salmonid biological opinion.--The term ``salmonid 
        biological opinion'' means the biological opinion issued by the 
        National Marine Fisheries Service for long-term operations of 
        the Central Valley Project and State Water Project on October 
        21, 2019.
            (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 opinion issued by the United 
        States Fish and Wildlife Service for long-term operations of 
        the Central Valley Project and State Water Project on October 
        21, 2019.
            (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 Resources.

SEC. 102. EMERGENCY PROJECTS.

    (a) In General.--Subject to the priority of individuals or 
entities, including those with Sacramento River Settlement Contracts, 
that have priority to the diversion 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 operations of the State Water Project to provide the maximum 
quantity of water supplies possible to Central Valley Project 
agricultural, municipal and industrial, and refuge service and 
repayment contractors, and State Water Project contractors, by 
approving, consistent with applicable laws (including regulations)--
            (1) any project or operations to provide additional 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 possible based 
        on available information to address the emergency conditions.
    (b) Mandate.--In carrying out subsection (a), the applicable 
Secretary shall--
            (1) operate the Central Valley Project to meet the United 
        States contractual obligations under Sacramento River 
        Settlement Contracts and to make a substitute supply of water 
        available to the San Joaquin River Exchange Contractors;
            (2) except as provided by this subsection, operate the 
        Central Valley Project in a manner consistent with the salmonid 
        biological opinion and the smelt biological opinion;
            (3) authorize and implement actions to ensure that the 
        Delta Cross Channel Gates remain open to the maximum extent 
        practicable;
            (4)(A) operate the Central Valley Project and allow 
        operations of the State Water Project within the ranges 
        provided for in the smelt biological opinion and the salmonid 
        biological opinion to minimize water supply reductions for the 
        Central Valley Project and the State Water Project, manage 
        reverse flow in Old and Middle Rivers at -5000 cubic feet per 
        second (cfs) unless current scientific data indicate a less 
        negative Old and Middle River flow is necessary to avoid a 
        significant negative impact on the long-term survival of a 
        listed species; and
            (B) 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;
            (5) adopt a 1:1 inflow to export ratio for the increment 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, resulting from voluntary sale, transfers, or 
        exchanges of water from agencies with rights to divert water 
        from the San Joaquin River or its tributaries consistent with 
        the Central Valley Project's and the State Water Project's 
        permitted water rights;
            (6) issue all necessary permit decisions under the 
        authority of the Secretaries within 30 days of receiving a 
        completed application by the State to place and use temporary 
        barriers or operable gates in Delta channels to improve water 
        quantity and quality 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;
            (7)(A) complete all requirements under the National 
        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 associated with voluntarily fallowing nonpermanent 
        crops in the State, within 30 days of receiving such a request; 
        and
            (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 compliance with applicable Federal laws 
        (including regulations);
            (8) allow any North of Delta agricultural water service or 
        repayment 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 requests for 
                water deliveries within the contractor's service area;
            (9) to the maximum extent possible based on the 
        availability and quality of groundwater and without 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 California, the Gray Lodge, Los 
                Banos, Volta, North Grasslands, and Mendota State 
                wildlife management areas, and the Grasslands Resources 
                Conservation District in the Central Valley of 
                California through the improvement or installation of 
                wells to use groundwater resources and the purchase of 
                water from willing sellers; and
                    (B) make a quantity of Central Valley Project water 
                obtained from the measures implemented under 
                subparagraph (A) available to Central Valley Project 
                water service or repayment contractors; and
            (10) 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) and (b), the provisions of this section 
shall apply to those Federal agencies.
    (d) Accelerated Project Decision and Elevation.--
            (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 operation to provide additional water supplies or 
        address emergency drought conditions pursuant to subsections 
        (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 Interior 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 Interior shall 
                convene a meeting requested under subparagraph (A) not 
                later than 7 days after receiving the meeting request.
            (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. 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 and 102 to the Committee 
on Natural Resources in the House of Representatives and the Committee 
on Energy and Natural Resources in the Senate.

SEC. 104. 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 report on the status of 
feasibility studies undertaken pursuant to section 102(d)(1) to the 
Committee on Natural Resources in the House of Representatives and the 
Committee on Energy and Natural Resources in the Senate. The report 
shall include timelines for study completion, draft environmental 
impact statements, final environmental impact statements, and Records 
of Decision.

            TITLE II--PROTECTION OF THIRD-PARTY WATER RIGHTS

SEC. 201. OFFSET FOR STATE WATER PROJECT.

    (a) Implementation Impacts.--In the event operations of the State 
Water Project are restricted under an incidental take permit issued by 
the California Department of Fish and Wildlife for operations of the 
State Water Project beyond restrictions imposed by the salmonid 
biological opinion or smelt biological opinion, the Secretary of the 
Interior shall operate the Central Valley Project, to the extent excess 
capacity in Central Valley Project facilities exists, to divert water 
that otherwise would have been diverted by the State Water Project. 
Additional water diverted by the Central Valley Project pursuant to 
this subsection shall be made available to the State Water Project for 
delivery to State Water Project contractors to offset losses resulting 
from the restrictions imposed by the incidental take permit.
    (b) Notification Related to Water Availability.--The Secretary of 
the Interior shall immediately notify the Director of the California 
Department of Water Resources in writing if the Secretary of the 
Interior determines that additional water will be made available to the 
Stater Water Project as a result of the implementation of subsection 
(a).

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 Valley 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 perfected 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 Secretaries pursuant 
to both this Act and section 7 of the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) that requires that diversions from the 
Sacramento River or the San Joaquin 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) Endangered Species Act.--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.).
    (d) Contracts.--With respect to individuals and entities with water 
rights on the Sacramento River, the mandates 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 directly 
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 settlement contracts, exchange contracts, water 
        service contracts, repayment contracts, or water supply 
        contracts; or
            (2) cause redirected adverse water supply or fiscal impacts 
        to those within the Sacramento River 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, purchase, 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 settlement contract 
        with the State.

                       TITLE III--RENEW WIIN ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Responsible, No-Cost Extension of 
Western Water Infrastructure Improvements Act'' or the ``RENEW WIIN 
Act''.

SEC. 302. EXTENSION OF AUTHORITY.

    Subtitle J of the Water Infrastructure Improvements for the Nation 
Act (Public Law 114-322) is amended--
            (1) in section 4007 (43 U.S.C. 390(b) note), in subsection 
        (i), by striking ``January 1, 2021'' and inserting ``January 1, 
        2031''; and
            (2) in section 4013 (43 U.S.C. 390(b) note)--
                    (A) in the first sentence, by striking ``the date 
                that is 5 years after the date of its enactment'' and 
                inserting ``December 31, 2031''; and
                    (B) in paragraph (1), by striking ``10 years after 
                the date of its enactment'' and inserting ``on December 
                31, 2036''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. EFFECT ON EXISTING OBLIGATIONS.

    Nothing in this Act modifies any existing obligation of the United 
States under Federal reclamation law to operate the Central Valley 
Project in conformity with State law relating to the control, 
appropriation, use, or distribution of water, including established 
water rights priorities.

SEC. 402. TERMINATION OF AUTHORITIES.

    Title I and title II of this Act shall expire on September 30, 
2023, or the date on which the Governor of the State suspends the state 
of drought emergency declaration, whichever is later.
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