[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 215 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 215
To provide long-term water supply and regulatory reliability to
drought-stricken California, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Valadao (for himself, Mr. McCarthy, Mr. Calvert, Mr. Duarte, Mr.
Mike Garcia of California, Mr. Issa, Mr. Kiley, Mrs. Kim of California,
Mr. LaMalfa, Mr. McClintock, Mr. Obernolte, and Mrs. Steel) introduced
the following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To provide long-term water supply and regulatory reliability to
drought-stricken 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 ``Working to Advance Tangible and
Effective Reforms for California Act'' or the ``WATER for California
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.
Sec. 3. Definitions.
TITLE I--CVP AND SWP OPERATIONS
Sec. 101. Operation of the CVP and SWP.
Sec. 102. Operations and reviews.
Sec. 103. Application of State laws.
Sec. 104. Reconsultation of NOAA Biological Opinion and FWS Biological
Opinion.
Sec. 105. Sunset.
Sec. 106. Consultation on coordinated operations.
TITLE II--ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS
Sec. 201. Definitions.
Sec. 202. Allocations of water.
Sec. 203. Protection of refuge, municipal and industrial and other
contractors.
Sec. 204. Other contractors.
TITLE III--INFRASTRUCTURE
Sec. 301. Shasta Reservoir enlargement project.
Sec. 302. Water supply plan; projects.
Sec. 303. Conservation fish hatcheries.
Sec. 304. Storage; duration.
Sec. 305. Shasta Dam enlargement.
TITLE IV--CVPIA ACTIONS
Sec. 401. CVPIA restoration actions.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) CVP.--The term ``CVP'' means the Central Valley
Project.
(2) CVP contractor.--The term ``CVP contractor'' means any
public water agency, water user organization, or person that
has entered into a contract with the United States for water
service from the CVP, whether in the form of a water service
contract, repayment contract, water rights settlement contract,
exchange contract, or refuge contract.
(3) FWS biological opinion.--The term ``FWS Biological
Opinion'' means the United States Fish and Wildlife Service
``Biological Opinion for the Reinitiation of Consultation on
the Coordinated Operations of the Central Valley Project and
State Water Project'' (Service File No. 08FBTD00-2019-F-0164)
signed on October 21, 2019.
(4) NOAA biological opinion.--The term ``NOAA Biological
Opinion'' means the National Oceanic and Atmospheric
Administration Fisheries ``Biological Opinion on the Long-term
Operation of the Central Valley Project and the State Water
Project'' (Consultation Tracking Number: WCRO-2016-00069)
signed on October 21, 2019.
(5) Preferred alternative.--The term ``Preferred
Alternative'' means the Alternative 1 (Preferred Alternative),
as described in the Final Environmental Impact Statement on the
Reinitiation of Consultation on the Coordinated Long-Term
Operation of the Central Valley Project and the State Water
Project, issued by the Bureau of Reclamation, and dated
December 2019.
(6) SWP.--The term ``SWP'' means the California State Water
Project.
(7) SWP contractor.--The term ``SWP contractor'' means a
public agency that has entered into a long-term water supply
contract with the California Department of Water Resources for
water service from the SWP.
TITLE I--CVP AND SWP OPERATIONS
SEC. 101. OPERATION OF THE CVP AND SWP.
(a) Congressional Direction Regarding CVP and SWP Operations.--The
CVP and the SWP shall be operated in accordance with the Preferred
Alternative and FWS Biological Opinion and NOAA Biological Opinion.
(b) Application of Laws and Regulations to Others.--Operation of
the CVP and SWP shall proceed pursuant to subsection (a) except to the
extent changes to operations are undertaken pursuant to one or more
agreements, which are voluntarily entered into, approved, and
implemented by CVP contractors, for operations of the CVP, and SWP
contractors, for operations of the SWP, with all applicable Federal
departments and the State of California, including any agency or board
of the State of California.
(c) Costs.--No cost, including water supply, financial, mitigation-
related, or otherwise, associated with the implementation of any
agreement under subsection (b) shall be imposed by any Federal
department or agency or the State of California, including any agency
or board of the State of California, directly or indirectly on any CVP
contractor, SWP contractor, or any other person or entity, unless such
costs are incurred on a voluntary basis.
(d) Endangered Species Act.--Notwithstanding subsection (b),
implementation of subsection (a) shall not conflict with the FWS
Biological Opinion and the NOAA Biological Opinion.
(e) Native Species Protection.--The State of California shall not
impose any bag, catch, or size restriction or limit on the take or
harvest of striped bass or any species of black bass, including
largemouth bass, smallmouth bass, and spotted bass, that occupy the
Sacramento-San Joaquin Rivers Delta or its tributaries.
SEC. 102. OPERATIONS AND REVIEWS.
In carrying out section 101(a), the Secretary of the Interior and
the Secretary of Commerce shall implement their statutory authorities
in a manner that improves water supply reliability and enables the CVP
and SWP to provide the maximum quantity of water supplies practicable
to CVP agricultural, municipal, and industrial contractors, water
service or repayment contractors, water rights settlement contractors,
exchange contractors, refuge contractors, and SWP contractors, in
accordance with the Preferred Alternative, NOAA Biological Opinion, and
FWS Biological Opinion.
SEC. 103. APPLICATION OF STATE LAWS.
(a) Reduced Water Supply.--If, as a result of the application of
applicable State law or regulation, the State of California (including
any agency or board of the State of California) alters operation of the
SWP in a manner that directly or indirectly results in reduced water
supply to the SWP as compared with the water supply available under the
Preferred Alternative, and as a result, CVP yield is greater than it
otherwise would have been under the Preferred Alternative, then that
additional yield shall be made available to the SWP for delivery to SWP
Contractors to offset that reduced water supply. If it is necessary to
reduce water supplies for any authorized uses of the CVP or CVP
Contractors to make available to the SWP that additional yield, such
reductions shall be applied proportionately to those authorized uses or
CVP contractors that benefit from that increased yield.
(b) No Restriction of Certain Water Rights.--The State of
California (including any agency or board of the State of California)
shall not restrict the exercise of any water right obtained pursuant to
State law, including but not limited to a pre-1914 appropriative right
or riparian right in order to offset any impact resulting from the
implementation of this title on any species affected by operations of
the CVP or the SWP.
SEC. 104. RECONSULTATION OF NOAA BIOLOGICAL OPINION AND FWS BIOLOGICAL
OPINION.
(a) Requirement for Reconsultation.--
(1) Requirement.--Neither the Secretary of the Interior,
acting through the Commissioner of Reclamation, nor the
Secretary of Commerce or their designees shall commence,
complete, or request reinitiation of consultation on the
coordinated long-term operation of the Central Valley Project
and the State Water Project that will result in changes to or
the replacement of the documents listed in paragraph (2)
unless--
(A) more than 75 percent of California has
experienced 4 consecutive years of D3 or D4 level
drought, as defined by the U.S. Drought Monitor;
(B) the Commissioner of Reclamation identifies one
specific factor or combination of factors under section
402.16 of title 50, Code of Federal Regulations; and
(C) not fewer than 120 days before officially
commencing or requesting reinitiation, the Secretary of
the Interior notifies the Committee on Natural
Resources of the House of Representatives and Committee
on Energy and Natural Resources of the Senate, in
writing, of--
(i) the intent to commence or request
reinitiation under this section; and
(ii) the detailed justification for the
identification of the specific factor or
combination of factors under section 402.16 of
title 50, Code of Federal Regulations, that was
identified to satisfy the requirement in
subparagraph (B).
(2) Documents.--The documents referred to in paragraph (1)
are the following:
(A) The FWS Biological Opinion.
(B) The NOAA Biological Opinion.
(C) The Record of Decision for the Reinitiation of
Consultation on the Coordinated Long-Term Modified
Operations of the Central Valley Project and State
Water Project, signed on February 18, 2020.
(b) Applicable Procedures and Review.--For the purposes of this
Act, before reinitiating consultation on the Long-Term Operation of the
CVP and SWP, a request by the Secretary of the Interior, the Secretary
of the Commerce, or any other Federal employee, to reinitiate
consultation shall be made in writing and considered a rule under
section 551 of title 5, United States Code, and subject to the
requirements of sections 801 through 808 of that title.
(c) Cooperation.--In implementing this section, the Secretary of
the Interior and the Secretary of Commerce shall comply with
requirements included in section 4004 of Public Law 114-322.
(d) Exclusion.--Notwithstanding subsection (b), in implementing
this section, section 801(b)(2) of title 5, United States Code, shall
not apply.
SEC. 105. SUNSET.
Sections 101 through 104 shall have no force or effect on and after
the date that is 7 years after the date of the enactment of this Act.
SEC. 106. CONSULTATION ON COORDINATED OPERATIONS.
The Water Infrastructure Improvements for the Nation Act (Public
Law 114-322) is amended--
(1) in section 4004(a)--
(A) in paragraph (1), by inserting ``or proposed
action'' after ``biological assessment,'';
(B) in paragraph (2), by inserting ``or proposed
action'' after ``biological assessment,'';
(C) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(D) after paragraph (2), by inserting the following
new paragraph:
``(3) receive a copy of the proposed action and have the
opportunity to review that document and provide comment to the
action agency, which comments shall be afforded due
consideration during development;''; and
(E) in paragraph (7), as redesignated by
subparagraph (C) of this paragraph--
(i) in the matter preceding subparagraph
(A), by inserting ``action agency proposes a
proposed action or'' before ``the consulting
agency'';
(ii) in subparagraph (A), by inserting
``proposed action or'' before ``alternative
will''; and
(iii) in subparagraph (B), by striking
``alternative actions'' and insert ``actions or
alternatives''; and
(2) in section 4013, by deleting ``section 4004, which
shall expire 10 years after the date of its enactment;'' and
inserting ``section 4004, which shall expire on December 16,
2033;''.
TITLE II--ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) The term ``existing CVP agricultural water service or
repayment contractor within the Sacramento River Watershed''
means any water service or repayment contractor within the
Shasta, Trinity, or Sacramento River division of the CVP that
has in effect a water service or repayment contract on the date
of enactment of this title that provides water for irrigation.
(2) The terms ``Above Normal'', ``Below Normal'', ``Dry'',
and ``Wet'', with respect to a year, have the meanings given
those terms in the Sacramento Valley Water Year Type (40-30-30)
Index.
SEC. 202. ALLOCATIONS OF WATER.
Subject to section 203, and notwithstanding any changes to
operations of the CVP or SWP voluntarily agreed to, approved, and
implemented by CVP contractors, the Secretary of the Interior shall
make every reasonable effort in the operation of the CVP to allocate
water provided for irrigation purposes to each existing CVP
agricultural water service contractor within the Sacramento River
Watershed in accordance with the following:
(1) Not less than 100 percent of the contract quantity of
the existing CVP agricultural water service contractor within
the Sacramento River Watershed in a Wet year.
(2) Not less than 100 percent of the contract quantity of
the existing CVP agricultural water service contractor within
the Sacramento River Watershed in an Above Normal year.
(3) Not less than 100 percent of the contract quantity of
the existing CVP agricultural water service contractor within
the Sacramento River Watershed in a Below Normal year that is
preceded by an Above Normal or Wet year.
(4) Not less than 50 percent of the contract quantity of
the existing CVP agricultural water service contractor within
the Sacramento River Watershed in a Dry year that is preceded
by a Below Normal, Above Normal, or Wet year.
(5) In any other year not identified in any subsections (a)
through (d), not less than twice the allocation percentage to
south-of-Delta CVP agricultural water service contractors, up
to 100 percent.
SEC. 203. PROTECTION OF REFUGE, MUNICIPAL AND INDUSTRIAL AND OTHER
CONTRACTORS.
Nothing in section 202 shall--
(1) adversely affect any protections for the environment,
including the obligation of the Secretary of the Interior to
make water available to managed wetlands pursuant to section
3406(d) of the Central Valley Project Improvement Act (title
XXXIV of Public Law 102-575; 106 Stat. 4722);
(2) adversely affect any obligation of the Secretary of the
Interior or the Secretary of Commerce under the FWS Biological
Opinion or the NOAA Biological Opinion;
(3) modify any provision of a water service contract that
addresses municipal or industrial water shortage policies of
the Secretary of the Interior;
(4) affect or limit the authority of the Secretary of the
Interior to adopt or modify municipal and industrial water
shortage policies;
(5) constrain, govern, or affect, directly or indirectly,
the operations of the American River division of the CVP or any
deliveries from that division or a unit or facility of that
division; or
(6) affect any allocation to a CVP municipal or industrial
water service contractor by increasing or decreasing
allocations to the contractor, as compared to the allocation
the contractor would have received absent section 202.
SEC. 204. OTHER CONTRACTORS.
Nothing in section 202 shall--
(1) affect the priority of any individual or entity with a
Sacramento River settlement contract over water service or
repayment contractors;
(2) affect the United States ability to deliver water to
the San Joaquin River exchange contractors from the Sacramento
River and the Delta via the Delta-Mendota Canal or modify or
amend the rights and obligations under the Purchase Contract
between Miller and Lux and the United States and the Second
Amended Exchange Contract between the United States, Department
of the Interior, Bureau of Reclamation and Central California
Irrigation District, San Luis Canal Company, Firebaugh Canal
Water District and Columbia Canal Company;
(3) affect the allocation of water to Friant division
contractors of the CVP;
(4) result in the involuntary reduction in contract water
allocations to individuals or entities with contracts to
receive water from the Friant division;
(5) result in the involuntary reduction in water
allocations to refuge contractors; or
(6) authorize any actions inconsistent with State water
rights law.
TITLE III--INFRASTRUCTURE
SEC. 301. SHASTA RESERVOIR ENLARGEMENT PROJECT.
Section 40902(a)(2) of the Infrastructure Investment and Jobs Act
(Public Law 117-58) is amended--
(1) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``this Act, except for any project for which--'' and
inserting ``this Act; or''; and
(B) by striking clauses (i) and (ii); and
(2) in subparagraph (C), by striking ``(except that
projects described in clauses (i) and (ii) of subparagraph (B)
shall not be eligible)''.
SEC. 302. WATER SUPPLY PLAN; PROJECTS.
(a) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Commissioner of Reclamation shall develop a water
deficit report, which shall identify--
(1) projected water supply shortages in the State of
California for irrigation water service, municipal and
industrial water service, water supply for wildlife refuges
supplied by the CVP or the SWP; and
(2) infrastructure projects or actions which, if taken,
would--
(A) significantly reduce or eliminate the projected
water supply shortage; or
(B) fulfill water allocations consistent with
agricultural, municipal and industrial contractors,
water service or repayment contractors, water rights
settlement contractors, exchange contractors, and SWP
contractors with water delivery contractors on the CVP
and SWP.
(b) Report to Congress.--The Commissioner of Reclamation shall
provide a report described in subsection (a) to the House Committee on
Natural Resources and the Senate Committee on Energy and Natural
Resources upon its completion.
SEC. 303. CONSERVATION FISH HATCHERIES.
Section 4010(b)(5) of the Water Infrastructure Improvements for the
Nation Act (Public Law 114-322) is amended by adding at the end the
following:
``(D) Semi-annual report.--The Secretary of the
Interior and the Secretary of Commerce shall submit to
the Committee on Natural Resources of the House of
Representatives and Committee on Energy and Natural
Resources of the Senate semi-annual reports that detail
activities carried out under this paragraph.''.
SEC. 304. STORAGE; DURATION.
(a) Storage.--Section 4007 of the Water Infrastructure Improvements
for the Nation Act (Public Law 114-322) is amended--
(1) in subsection (b)(1), by striking ``or any public
agency organized pursuant to State law'' and inserting ``any
public agency organized pursuant to State law, or any
stakeholder''; and
(2) in subsection (i), by striking ``January 1, 2021'' and
inserting ``January 1, 2028''.
(b) Duration.--Section 4013 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322) is amended--
(1) in paragraph (1), by striking ``and'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) section 4007, which (except as provided in paragraph
(3)), shall expire on December 31, 2028; and''.
SEC. 305. SHASTA DAM ENLARGEMENT.
(a) Funding.--In accordance with section 4007 of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-322),
and as recommended by the Secretary in letters dated February 13, 2019;
June 22, 2020; and December 3, 2020; funds made available in the Water
and Related Resources account for the Bureau Reclamation in Acts of
appropriation for fiscal years 2017, 2018, 2019, 2020, and 2021 shall
be made available to the Shasta Dam and Reservoir Enlargement Project.
(b) Clarification.--No provision of State law shall preclude or
otherwise prevent any public water agency, including a public agency of
the State, that contracts for the delivery of CVP water from assisting
or cooperating with, whether by loan, grant, license, or otherwise, the
planning and construction of any project undertaken by the Bureau of
Reclamation to enlarge Shasta Dam.
TITLE IV--CVPIA ACTIONS
SEC. 401. CVPIA RESTORATION ACTIONS.
(a) Refuge Water Supply Program.--Not later than two years after
the date of enactment of this Act, the Secretary of the Interior shall
complete the refuge water supply program under section 3406(d) of the
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575; 106 Stat. 4722) and shall, within that two-year period, give
priority to completing the refuge water supply program when making
funding decisions from the Central Valley Project Restoration Fund
established under section 3407 of the Central Valley Project
Improvement Act (106 Stat. 4726), the Infrastructure Investment and
Jobs Act (Public Law 117-25), the Land and Water Conservation Fund Act
(Public Law 88-578), and other sources of funding.
(b) Restoration Actions Deemed Complete.--Upon completion of the
refuge water supply program pursuant to subsection (a), or September
30, 2025, whichever occurs first, the Secretary of the Interior shall
deem complete the fish, wildlife, and habitat mitigation and
restoration actions mandated under section 3406 of the Central Valley
Project Improvement Act (title XXXIV of Public Law 102-575; 106 Stat.
4714).
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