Protect Our Water Rights Act

Bill: 118-hr-289
Sponsor: full_name: Rep. LaMalfa, Doug [R-CA-1]
Introduced: 2023-01-11
Policy area: Water Resources Development
Subjects: California

Congressional oversight

Dams and canals

Lakes and rivers

Oregon

Public contracts and procurement

Water use and supply

Watersheds
Latest action: action_date: 2023-02-21
text: Referred to the Subcommittee on Water, Wildlife, and Fisheries.

Summaries:
action_date: 2023-01-11
action_desc: Introduced in House
text: <p><b>Protect Our Water Rights Act</b></p> <p>This bill requires the Bureau of Reclamation to modify the operation of water service contracts for the Central Valley Project (CVP) in California and the Klamath River Basin Reclamation Project in California and Oregon.</p> <p>Reclamation owns and operates the CVP, a federal water project consisting of a network of dams, reservoirs, and other facilities. CVP water is delivered to users that have contracts with Reclamation, but dry conditions have resulted in Reclamation reducing the water allocations for contracted water supplies.</p> <p>This bill requires Reclamation to allocate to existing agricultural water service contractors within the CVP's Sacramento River Watershed (1) 100% of the contracted amount of water in a <i>wet</i> or<i> above normal</i> year, (2) not less than 75% of the contracted amount in a<i> below normal </i>year, and (3) not less than 50% of the contracted amount in a <i>dry</i> or<i> critically dry</i> year.</p> <p>Reclamation must hold at least one in-person field hearing in each county where a CVP water service contractor is located in the period between the project's initial water allocation and final water allocation announcement.</p> <p>The bill modifies the share of operation and maintenance costs paid by CVP water service contractors.</p> <p>Reclamation must also operate the Klamath River Basin Reclamation Project, a similar federal water project, so that all of the water in Upper Klamath Lake above a certain elevation is solely for agricultural and refuge purposes. Reclamation must conduct these operations in a manner that maximizes water storage in the lake, to the extent practicable.</p>

tv_txt: I 118th CONGRESS 1st Session H. R. 289 IN THE HOUSE OF REPRESENTATIVES January 11, 2023 Mr. LaMalfa introduced the following bill; which was referred to the Committee on Natural Resources A BILL To update requirements for the operation of the Central Valley Project and Klamath River Basin Reclamation Project by the Bureau of Reclamation.

1. Short title This Act may be cited as the Protect Our Water Rights Act . 2. Allocations for Sacramento Valley contractors (a) Allocations; Conditions (1) Allocations (A) In general The Secretary of the Interior, acting through the Bureau of Reclamation (in this Act, referred to as the Secretary ) is directed, in the operation of the Central Valley Project, to allocate water provided for irrigation purposes to existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed in compliance with the following: (i) Not less than 100 percent of their contract quantities in a Wet year. (ii) Not less than 100 percent of their contract quantities in an Above Normal year. (iii) Not less than 75 percent of their contract quantities in a Below Normal year. (iv) Not less than 50 percent of their contract quantities in a Dry year. (v) Not less than 50 percent of their contract quantities in a Critically Dry year. (vi) In all years not identified in subparagraphs (A) through (E), the allocation percentage for existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed shall not be less than (but may be more than) twice the allocation percentage to south-of-Delta Central Valley Project agricultural water service contractors, up to 100 percent. (B) The year type terms The year type terms used in subparagraph (A) have the meaning given those year types in the Sacramento Valley Water Year Type (40–30–30) Index. (2) Conditions The Secretary’s actions under paragraph (1) shall be subject to— (A) the priority of individuals or entities with Sacramento River water rights, including those with Sacramento River Settlement Contracts, 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’s obligation to make water available to managed wetlands pursuant to section 3406(d) of the Central Valley Project Improvement Act, ( Public Law 102–575 ). (b) Protection of municipal and industrial supplies Nothing in subsection (a) shall be deemed to— (1) modify any provision of a water service contract that addresses municipal and industrial water shortage policies of the Secretary; (2) affect or limit the authority of the Secretary to adopt or modify municipal and industrial water shortage policies; (3) affect or limit the authority of the Secretary to implement municipal and industrial water shortage policies; or (4) affect allocations to Central Valley Project municipal and industrial contractors pursuant to such policies. (c) Protection of operations and deliveries Nothing in subsection (a) or the Secretary’s implementation of subsection (a) shall constrain, govern, or affect, directly or indirectly, the operations of the Central Valley Project’s American River Division or any deliveries from that Division, its units or facilities. (d) No effect on allocations Nothing in subsection (a) shall— (1) affect the allocation of water to Friant Division contractors; or (2) result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the Friant Division. (e) Term defined In this section, the term existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed means water service contractors within the Shasta, Trinity, and Sacramento 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. 3. Annual Allocation Field Briefings The Secretary shall hold not less than 1 in-person field hearing each county where a Central Valley Project water service contractor is located during the period that is after the initial water allocations for the Central Valley Project and before the final water allocation announcement for the Central Valley Project. 4. Adjustment of cost requirements The operation and maintenance costs required to be paid by Central Valley Project water contractors and the Bureau of Reclamation shall be reversed, such that— (1) the allocation percentage obligation held by the Bureau of Reclamation on the day before the date of the enactment of this Act shall be held by Central Valley Project water contractors; and (2) the allocation percentage obligation held by the Central Valley Project water contractors on the day before the date of the enactment of this Act shall be held by the Bureau of Reclamation. 5. Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes an account of amounts that irrigation districts and water user associations contracted with the Bureau of Reclamation for agricultural water deliveries owe to the Bureau of Reclamation related to debt incurred for construction of facilities and other aspects of the Klamath River Basin Reclamation Project. 6. Water operations in Upper Klamath Lake When operating the Klamath River Basin Reclamation Project, the Secretary, in accordance with State-adjudicated water rights, shall— (1) operate all water in Upper Klamath Lake above elevation 4136.0 feet solely for agricultural and refuge purposes; and (2) to the extent practicable when operating all water in Upper Klamath Lake in accordance with paragraph (1), maximize storage in the Upper Klamath Lake.