[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 289 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 289
To update requirements for the operation of the Central Valley Project
and Klamath River Basin Reclamation Project by the Bureau of
Reclamation.
_______________________________________________________________________
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.
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 ``Protect Our Water Rights Act''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
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