[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1906 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 1906
To amend the Central Valley Project Improvement Act, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 1995
Mr. Doolittle (for himself, Mr. Radanovich, Mr. Condit, Mr. Thomas, Mr.
Herger, Mr. Fazio of California, Mr. Pombo, and Mr. Dooley) introduced
the following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To amend the Central Valley Project Improvement Act, 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 ``Central Valley Project Reform Act of
1995''.
SEC. 2. PURPOSE.
Section 3402(f) of the Central Valley Project Improvement Act (106
Stat. 4706) is amended to read as follows:
``(f) to require that the Secretary operate the Central
Valley Project in a manner to achieve a reasonable balance
among competing demands for use of Central Valley Project
water, including the requirements of fish and wildlife,
agricultural, municipal and industrial and power
contractors.''.
SEC. 3. DEFINITIONS.
(a) Anadromous Fish.--Section 3403(a) of the Central Valley Project
Improvement Act (106 Stat. 4707) is amended to read as follows:
``(a) the term `anadromous fish' means those stocks of
Salmon (including steelhead) that ascend the Sacramento and San
Joaquin rivers and their tributaries and the Sacramento-San
Joaquin Delta to reproduce after maturing in San Francisco Bay
or the Pacific Ocean;''.
(b) Central Valley Project Water.--Section 3403(f) of the Central
Valley Project Improvement Act (106 Stat. 4707) is amended to read as
follows:
``(f) the term `Central Valley Project water' means all
water that is developed, diverted, stored, or delivered by the
Secretary in accordance with the statutes authorizing the
Central Valley Project and in accordance with the terms and
conditions of water rights permits or licenses acquired by or
issued to the United States pursuant to California law;''.
(c) Repayment and Water Service Contracts.--Section 3403(k) of the
Central Valley Project Improvement Act (106 Stat. 4707) is amended to
read as follows:
``(k) the terms `repayment contract' and `water service
contract' have the same meaning as provided in sections 9(d)
and 9(e) of the Reclamation Project Act of 1939 (53 Stat. 1187,
1195), as amended, but such terms do not include those
contracts which contain terms or agreements for water right
settlements, such as those on the Sacramento River, or water
right exchanges, notwithstanding that such contracts may also
include provisions which are the same or similar to those
contained in repayment or water service contracts;''.
SEC. 4. LIMITATION ON CONTRACTING AND CONTRACT REFORM.
(a) New Contracts.--Section 3404(a) of the Central Valley Project
Improvement Act (106 Stat. 4708) is amended to read as follows:
``(a) New Contracts.--Except as provided in subsection (b) of this
section, the Secretary shall not enter into any new short-term,
temporary, or long-term contracts or agreements for water supply from
the Central Valley Project for any purpose other than fish and wildlife
before the Secretary has completed appropriate environmental review,
including the preparation of the environmental impact statement
required in section 3409 of this title, and has determined that there
is sufficient water to meet the existing contractual and legal
obligations of the Secretary relative to the Central Valley Project.''.
(b) Renewal of Existing Long-Term Contracts.--Section 3404 of the
Central Valley Project Improvement Act (106 Stat. 4708) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Renewal of Existing Long-Term Contracts.--Notwithstanding the
provisions of the Act of July 2, 1956 (70 Stat. 483), the Secretary
shall, upon request, renew any existing long-term repayment or water
service contracts which provide for the delivery of water from the
Central Valley Project for a period of twenty-five years and shall
renew such contracts for successive periods of 25 years each.
``(1) No such renewals shall be authorized until
appropriate environmental review, including the preparation of
the environmental impact statement required in section 3409 of
this title, has been completed. Contracts which expire prior to
the completion of the environmental impact statement required
by section 3409 shall, upon request of the other contracting
party, be renewed for an interim period ending on the date on
which the long-term renewal with respect to each such contract
becomes effective. Such interim renewal contracts shall be
modified to comply with existing law, including provisions of
this title. Upon request of the other contracting party, the
Secretary shall execute an amendment to extend the term of any
interim renewal contract entered into under this paragraph
before the enactment of the Central Valley Project Reform Act
of 1995 in accordance with this title. Notwithstanding any
other provision of law, all contracts renewed by the Secretary
since January 1, 1988, but before the enactment of this title
are hereby validated and ratified in all respects as of their
respective dates of execution, except that all water delivered
pursuant to such renewed contracts shall be subject to payment
of the charges mandated in sections 3406(c)(1)(D) and 3407(d)
of this title.
``(2) Upon renewal of any long-term repayment or water
service contract providing for the delivery of water from the
Central Valley Project, the Secretary shall incorporate all
requirements imposed by existing law, including provisions of
this title, within such renewed contracts. The Secretary shall
also administer all existing, new, and renewed contracts in
conformance with the requirements and goals of this title.'';
and
(2) by adding at the end thereof the following new
subsection:
``(d) Contracts entered into or renewed pursuant to this section
shall, upon request of the other contracting party, include a provision
which requires the Secretary to charge such party only for water
actually delivered by the Secretary.''.
SEC. 5. WATER TRANSFERS, IMPROVED WATER MANAGEMENT AND CONSERVATION.
(a) Conditions for Transfer.--The matter preceding subparagraph (A)
in section 3405(a)(1) of the Central Valley Project Improvement Act
(106 Stat. 4710) is amended to read as follows:
``(1) Conditions for transfers.--All transfers of Central
Valley Project water authorized by the subsection shall be
subject to review and approval by the Secretary and the
contracting district or agency under the conditions specified
in this subsection:''.
(b) Technical Amendment.--Section 3405(a)(1)(A) of the Central
Valley Project Improvement Act (106 Stat. 4710) is amended by striking
``to combination'' and inserting ``or combination''.
(c) Approval of Transfer Request.--Subparagraphs (J), (K), (L), and
(M) of section 3405(a)(1) of the Central Valley Project Improvement Act
(106 Stat. 4711) are amended to read as follows:
``(J) The contracting district or agency shall
either approve the transfer request subject to
reasonable conditions or deny the transfer request
subject to making findings supporting a reasonable
basis for the denial. The conditions or findings shall
only relate to the proposed transfer's impacts on any
of the following:
``(i) The quantity and quality of the water
supply available to the contracting district or
agency and its water users, including impacts
to ground water quantity and quality.
``(ii) The contracting district or agency's
operations, including (but not limited to) the
ability of the contracting district or agency
to meet its delivery obligations, obtain
additional water supplies, and undertake
conservation measures, exchanges, transfers,
ground water storage, water banking
arrangements, or conjunctive use programs.
``(iii) The contracting district or
agency's financial condition and the cost of
providing water service.
``(iv) The appropriate maintenance of
fallowed land.
``(v) Other relevant factors that may
create an adverse financial, operations or
water supply impact on the contracting district
or agency, its water users, or the local
community.
``(K) The Secretary shall not alter an approval or
denial by the contracting district or agency under
subparagraph (J) of this section unless the Secretary
determines, consistent with paragraph 3405(a)(2) of
this title, that such transfer would result in a
significant reduction in the quantity or decrease in
the quality of water supplies currently used for fish
and wildlife purposes, except in the event that the
Secretary determines pursuant to findings setting forth
the basis for such determination that such adverse
effects would be more than offset by the benefits of
the proposed transfer. In the event of such a
determination, the Secretary shall develop and
implement alternative measures and mitigation
activities as integral and concurrent elements of any
such transfer to provide fish and wildlife benefits
substantially equivalent to those lost as a consequence
of such transfer.
``(L) Transfers between Central Valley Project
contractors within counties, watersheds, or other areas
of origin, as those terms are utilized under California
law, shall be deemed to meet the conditions set forth
in subparagraphs (A) and (I) of this paragraph.''.
(d) Transfers After September 30, 1999.--Section 3405(a)(3) of the
Central Valley Project Improvement Act (106 Stat. 4712) is amended to
read as follows:
``(3) Transfers after september 30, 1999.--Transfers
executed after September 30, 1999, shall only be governed by
the provisions of sections 3405(a)(1)(A)-(C), (E), (F), (G),
(H), (I), (K), and (L) of this title, and by State law.''.
(e) Transfers, Exchanges, and Banking Arrangements Under Prior
Law.--Section 3405(a) of the Central Valley Project Improvement Act
(106 Stat. 4709) is amended by adding at the end the following:
``(4) Transfers, exchanges, and banking arrangements under
prior law.--Notwithstanding any other provision of law, the
authority to make transfers, exchanges, and banking
arrangements of Central Valley Project water which could have
been conducted prior to the enactment of this title is
continued hereby, and such transfers, exchanges, and banking
arrangements shall not be subject to, limited, or conditioned
by this title.''.
(f) Measurement of Water Use Required.--The heading of subsection
(b) of section 3405 of the Central Valley Project Improvement Act (106
Stat. 4712) is amended by striking ``Metering'' and inserting
``Measurement''.
(g) Water Conservation Standards.--Section 3405 of the Central
Valley Project Improvement Act (106 Stat. 4709) is amended by striking
out subsection (d), redesignating subsections (e) and (f) as
subsections (d) and (e), and amending subsections (d) and (e) (as so
redesignated) to read as follows:
``(d) Water Conservation Standards.--(1) The Secretary shall
establish and administer an office of Central Valley Project water
conservation best management practices that shall, in consultation with
the Secretary of Agriculture, the California Department of Water
Resources, California academic institutions, and Central Valley Project
water users, develop criteria for evaluating the adequacy of all water
conservation plans developed by project contractors, including those
plans required by section 210 of the Reclamation Reform Act of 1982. In
developing the criteria described in this paragraph for refuges, in
addition to consulting with the Secretary of Agriculture, the
California Department of Water Resources, California academic
institutions, and Central Valley Project water users, the Secretary
shall consult with the California Department of Fish and Game.
``(2) Criteria developed pursuant to this subsection shall apply
only to Central Valley Project water and shall be established within
six months following enactment of this title and shall be reviewed
periodically thereafter, but no less than every five years, with the
purpose of promoting the highest level of water use efficiency
reasonably achievable by project contractors using best available cost-
effective technology and best management practices. The criteria shall
include, but not be limited to agricultural water suppliers' efficient
water management practices developed pursuant to California State law
or reasonable alternatives. The conservation guidelines and criteria
may include only those management practices and conservation measures
which (A) are demonstrated by the Secretary to achieve significant
water conservation and efficient management of water resources without
unreasonably burdening project contractors or their water users, (B)
are demonstrated by the Secretary to be practices or measures that are
cost-effective and economically feasible under applicable
circumstances, and (C) take into consideration the amount of water
under contract to the project contractor, probable Central Valley
Project water supply, economic resources, geography, and other factors
relevant to that project contractor.
``(3) The Secretary, through the office established under this
subsection, shall review and evaluate within 18 months following
enactment of this title all existing conservation plans submitted by
project contractors to determine whether they meet the conservation and
efficiency criteria established pursuant to this subsection.
``(4) The Secretary shall approve or disapprove a water
conservation plan within 90 days after such plan is submitted under
this subsection. A water conservation plan shall be deemed to be
approved if the Secretary fails to approve or disapprove such plan
within such 90-day period.
``(5) Water conserved by a project contractor or water user
pursuant to a plan approved under this subsection shall accrue, in a
manner consistent with State law, to the benefit of such project
contractor or water user.
``(6) Compliance with conservation guidelines and criteria
developed pursuant to this subsection shall be deemed compliance with
section 210 of the Reclamation Reform Act of 1982 (43 U.S.C. 390jj).
``(e) Increased Revenues.--All increased revenues received by the
Secretary which exceed the cost of service rate applicable to the
delivery of water transferred from irrigation use to municipal and
industrial use under subsection (a) shall be covered to the Restoration
Fund.''.
SEC. 6. FISH, WILDLIFE AND HABITAT RESTORATION.
(a) Satisfaction of Purposes.--Section 3406 of the Central Valley
Project Improvement Act (106 Stat. 4714) is amended by adding at the
end the following new subsection:
``(i) Satisfaction of Purposes.--By pursuing the programs and
activities authorized by this section, the Secretary shall be deemed to
have met the mitigation, protection, restoration, and enhancement
purposes of section 2 of the Act of August 26, 1937 (ch. 832, 50 Stat.
850), as amended.''.
(b) Fish and Wildlife Restoration Activities.--(1) The matter
preceding subparagraph (A) of section 3406(b)(1) of the Central Valley
Project Improvement Act (106 Stat. 4714) is amended to read as follows:
``(1) assist the State of California in pursuing its goal
of doubling production of anadromous fish in Central Valley
rivers and streams in accordance with the program specified in
the report prepared by the California Department of Fish and
Game entitled `Central Valley Salmon and Steelhead Restoration
and Enhancement Plan', dated April 1990, through the actions
specified in this subsection, with priority given to those
actions specified in paragraphs (4) through (22): Provided,
That this goal shall not apply to the San Joaquin River between
Friant Dam and the Mendota Pool, for which separate provision
has been made under section 3406(c) of this title: Provided
further, That in the course of assisting the State of
California, the Secretary shall make all reasonable efforts
consistent with the requirements of this section to address
other identified adverse environmental impacts of the Central
Valley Project not specifically enumerated in this section.''.
(2) Subparagraphs (B) and (C) of section 3406(b)(1) of the Central
Valley Project Improvement Act (106 Stat. 4714) are amended to read as
follows:
``(B) As needed to achieve the goals of this
program, the Secretary is authorized and directed to
modify Central Valley Project operations to provide
reasonable flows of suitable quality, quantity, and
timing to protect all life stages of anadromous fish,
except that such flows shall be provided from the
quantity of water reserved for fish, wildlife, and
habitat restoration purposes under paragraph (2) of
this subsection; from the water supplies acquired
pursuant to paragraph (3) of this subsection; and from
other sources which do not conflict with fulfillment of
the Secretary's remaining contractual obligations to
provide Central Valley Project water for other
authorized purposes. Reasonable instream flow needs for
all Central Valley Project controlled streams and
rivers shall be determined by the Secretary based on
recommendations of the United States Fish and Wildlife
Service after consultation with the California
Department of Fish and Game.
``(C) The Secretary shall cooperate with the State
of California to ensure that, to the greatest degree
practicable, the specific quantities of Central Valley
Project water reserved and managed for fish and
wildlife purposes under this title are credited against
any additional obligations of the Central Valley
Project which may be imposed by the State of California
following enactment of this title, including but not
limited to increased flow and reduced export
obligations which may be imposed by the California
State Water Resources Control Board in implementing San
Francisco Bay/Sacramento-San Joaquin Delta Estuary
standards pursuant to the review ordered by the
California Court of Appeals in United States v. State
Water Resources Control Board, 182 Cal. App. 3d 82
(1986), and that, to the greatest degree practicable,
the programs and plans required by this title are
developed and implemented in a way that avoids
inconsistent or duplicative obligations from being
imposed upon Central Valley Project water and power
contractors.''.
(3) Section 3406(b)(2) of the Central Valley Project Improvement
Act (106 Stat. 4714) is amended to read as follows:
``(2) upon enactment of this title, reserve and manage
annually 800,000 acre-feet of Central Valley Project water,
excluding any Central Valley Project water delivered under the
Contract for Exchange of Waters described in subsection
(c)(1)(C) of this section for the purposes of (A) implementing
the fish, wildlife, and habitat restoration purposes and
measures authorized by this title; (B) assisting the State of
California in its efforts to protect the waters of the San
Francisco Bay/Sacramento-San Joaquin Delta Estuary; and (C)
helping to meet such obligations as may be legally imposed upon
the Central Valley Project under State or Federal law following
the date of enactment of this title, including (but not limited
to) additional obligations under the Endangered Species Act of
1973: Provided, That all Central Valley Project water used to
assist the State of California in its efforts to protect the
water of the San Francisco Bay/Sacramento-San Joaquin Delta
Estuary and to help meet such obligations as may be legally
imposed upon the Central Valley Project under State or Federal
law following the date of enactment of this title, including
(but not limited to) additional obligations under the
Endangered Species Act of 1973, is credited to the amount of
Central Valley Project water so reserved under this paragraph:
Provided further, That the Central Valley Project water
reserved under this paragraph shall not be used to increase the
flow of water through the San Francisco Bay/Sacramento-San
Joaquin Delta Estuary beyond that required to meet the
requirements of the Bay/Delta Water Quality Control Plan, as
may be amended or modified, or the Endangered Species Act of
1973. To the fullest extent possible and in accordance with
section 3411 of this title, after using a quantity of such
800,000 acre-feet of water for fish and wildlife purposes
pursuant to this paragraph, the Secretary shall reuse or divert
such quantity of water for agricultural or municipal and
industrial purposes.
``(A) Such quantity of water shall be in addition
to the quantities needed to implement subsection (d)(1)
of this title and in addition to all water allocated
pursuant to paragraph (23) of this subsection for
release to the Trinity
River for the purposes of fishery restoration,
propagation, and maintenance; and shall be supplemented by all water
that comes under the Secretary's control pursuant to subsection (b)(3),
sections 3408(h)-(i), and through other measures consistent with
paragraph (1)(B) of this subsection.
``(B) Such quantity of water shall be managed
pursuant to reasonable conditions specified by the
United States Fish and Wildlife Service after
consultation with the Bureau of Reclamation and the
California Department of Water Resources and in
cooperation with the California Department of Fish and
Game.
``(C) The Secretary may temporarily reduce
deliveries of the quantity of water reserved under this
paragraph up to 25 percent of such total whenever
reductions are imposed upon agricultural water service
contractors; Provided, That such reductions shall not
exceed in percentage terms the reductions imposed on
agricultural water service contractors; Provided
further, That nothing in this subsection or subsection
(d) shall require the Secretary to operate the project
in a way that jeopardizes human health or safety.
``(D) If the quantity of water reserved under this
paragraph, or any portion thereof, is not needed for
the purposes of this section, based on a finding by the
Secretary, the Secretary is authorized to make such
water available for other project purposes.''.
(4) Section 3406(b)(3) of the Central Valley Project Improvement
Act (106 Stat. 4716) is amended to read as follows:
``(3) develop and implement a program in coordination and
in conformance with the plan required under paragraph (1) of
this subsection for the acquisition of a water supply to
supplement the quantity of water reserved for fish and wildlife
purposes under paragraph (2) of this subsection and to fulfill
the Secretary's obligations under subsection (d)(2). The
program should identify how the Secretary intends to utilize,
in particular the following options: improvements in or
modifications of the operations of the project; water banking;
conservation; transfers; conjunctive use; and temporary and
permanent land fallowing, including purchase, lease, and option
of water, water rights, and associated agricultural land.''.
(5) Section 3406(b) of the Central Valley Project Improvement Act
(106 Stat. 4714) is amended by striking paragraph (18) and by
redesignating paragraphs (19) through (23) as paragraphs (18) through
(22), respectively.
(6) Section 3406(b)(22) of the Central Valley Project Improvement
Act (106 Stat. 4716), as amended by paragraph (5) of this subsection,
is amended to read as follows:
``(22)(A) In order to meet Federal trust responsibilities
to protect the fishery resources of the Hoopa Valley Tribe, and
to meet the fishery restoration goals of the Act of October 24,
1984, Public Law 98-541, provide through the Trinity River
Division, for water years 1992 through 1996, an instream
release of water to the Trinity River of not less than three
hundred and forty thousand acre-feet per year for the purposes
of fishery restoration, propagation, and maintenance.
``(B) By September 30, 1996, the Secretary, after
consultation with the Hoopa Valley Tribe, shall complete the
Trinity River Flow Evaluation Study currently being conducted
by the United States Fish and Wildlife Service under the
mandate of the Secretarial Decision of January 14, 1981, in a
manner which ensures the development of recommendations, based
on the best available scientific data, regarding permanent
instream fishery flow requirements and Trinity River Division
operating criteria and procedures for the restoration and
maintenance of the Trinity River fishery.
``(C) Not later than December 31, 1996, the Secretary shall
forward the recommendations of the Trinity River Flow
Evaluation Study, referred to in subparagraph (B) of this
paragraph, to the Committee on Energy and Natural Resources and
the Select Committee on Indian Affairs of the Senate and the
Committee on Resources of the House of Representatives. If the
Secretary and the Hoopa Valley Tribe concur in these
recommendations, any increase to the minimum Trinity River
instream fishery releases established under this paragraph and
the operating criteria and procedures referred to in
subparagraph (A) shall be implemented in accordance with
subparagraph (D). If the Hoopa Valley Tribe and the Secretary
do not concur, the minimum Trinity River instream fishery
releases established under subparagraph (A) shall remain in
effect unless increased by an Act of Congress, appropriate
judicial decree, or
agreement between the Secretary and the Hoopa Valley Tribe
implemented in accordance with subparagraph (D).
``(D) The Secretary may only implement recommendations
pursuant to the study referred to in subparagraph (B) relating
to instream flows through a rulemaking process under chapter 5
of title 5, United States Code (relating to administrative
procedure), with a comment period of not less than 60 days and
not more than 180 days. The studies and data on which such
recommendations are based shall be available for public review.
``(E) Any recommendation implemented pursuant to
subparagraph (D) shall provide for a variance in the instream
flow to take into account differing hydrologic and reservoir
storage conditions.
``(F) Costs associated with implementation of this
paragraph shall be reimbursable as operation and maintenance
expenditures pursuant to existing law.''.
(7) Section 3406(c) of the Central Valley Project Improvement Act
(106 Stat. 4721) is amended to read as follows:
``(c) San Joaquin and Stanislaus Rivers.--(1)(A) In furtherance of
the purposes of this title, the Secretary shall cooperate with the
State of California and local agencies and entities that impound and/or
divert water tributary to the San Joaquin River in the development and
implementation of projects to--
``(i) coordinate the flows in the Stanislaus, Tuolumne,
Merced, and San Joaquin Rivers and exports at the Tracy and
Banks pumping plants to facilitate increased survival of San
Joaquin River chinook salmon;
``(ii) develop and implement a program in the San Joaquin
River and its tributaries to identify, restore, and improve
channel and riffle locations, to clean spawning gravel of fine
sediments, and to reduce sediment input from near stream and
watershed areas due to erosion and land management practices;
``(iii)(I) establish a gene bank to ensure protection of
San Joaquin River fall-run chinook salmon genetic material in
the event of catastrophic loss, (II) selectively harvest
hatchery fish to encourage increases in wild stocks of San
Joaquin River fall-run chinook salmon, (III) mark all hatchery
San Joaquin River fall-run chinook salmon to allow their
identification in ocean and inland fisheries, (IV) capture and
breed wild San Joaquin River fall-run chinook salmon to enhance
wild populations, and (V) establish a genetic advisory
committee to provide advice to the Secretary on the protection
of San Joaquin River fall-run chinook salmon genetic material,
which committee shall be composed of experts from academia,
fishery management agencies, and water management agencies;
``(iv) install a minimum of six telemetry devices on the
San Joaquin River and tributary channels for the purposes of
estimating the current overall water quality conditions in the
San Joaquin Basin, which information shall be made available
for water managers to coordinate water management decisions;
``(v) develop a plan to restore and manage the riparian
corridor of the San Joaquin River and its tributaries,
including areas on both sides of river channels where flood
frequency is sufficient to sustain riparian vegetation with the
goals to restore areas where the corridor is gone and to
develop action items for riparian vegetation where the value of
fish and wildlife is reduced by land use practices;
``(vi) initiate a program of screening water diversions in
the San Joaquin River, its tributaries and estuary, which
program will locate, inventory, prioritize and select candidate
sites and include installation and long-term maintenance as
necessary;
``(vii) increase fall flows and install physical and/or
mechanical solutions as appropriate in the Stanislaus,
Tuolumne, and Merced rivers to attract and provide access to
adult San Joaquin River chinook salmon and maintain suitable
water temperatures for spawning: Provided, That any increase in
flows shall be implemented only through purchase of water from
willing sellers, water augmentation projects, and/or additional
storage to increase export flexibility or other similar
voluntary means: Provided further, That flow increases shall be
integrated with physical and mechanical solutions which can
lead to improved guidance flows and water quality in the lower
San Joaquin River, such as a barrier at the head of Old River
and/or an aeration device at Rough and Ready Island;
``(viii) evaluate methods to protect San Joaquin River
chinook salmon stocks in the ocean and estuarine fisheries,
mark all hatchery-produced San Joaquin River chinook salmon,
evaluate San Joaquin River chinook salmon `shaker' mortality,
and coordinate additional salmon management practices which
will contribute to increasing salmon reproduction and
survivability;
``(ix) undertake measures to reduce salmon predator
populations in the San Joaquin River, its tributaries, and
other areas such as Clifton Court Forebay, including (but not
limited to) encouraging predator harvest, voluntary increases
in flows during spring outmigration, reducing water
temperatures in summer, increasing turbidity during
outmigration, removing predator concentrating features, and
modifying channels to isolate predator habitat; and
``(x) provide for the annual installation during October to
December of a barrier to divert returning adult San Joaquin
River chinook salmon from the San Joaquin River into the Merced
River, including acquisition of a site at the confluence of the
San Joaquin River and the Merced River for barrier installation
and operation;
``(xi) provide resources to the San Joaquin River
Conservancy to assist in its overall efforts, including, but
not limited to, land acquisition, natural resource surveys, and
environmental studies that may be necessary for successful
implementation of the San Joaquin River Parkway; and
``(xii) provide one-third matching funds for the annual
operating budget for the hatchery at the Tuolumne River Salmon
Restoration Center.
``(B) Funding for the projects described in subparagraph (A) shall
be provided under sections 3407(b) and 3407(e). Funds provided pursuant
to such sections may not be used for any action to address fish,
wildlife and habitat concerns on the San Joaquin River downstream from
Friant Dam, including (but not limited to) stream flow, channel,
riparian habitat, and water quality improvements, until the Secretary
determines that such action is reasonable, prudent and feasible. Any
such action shall be subject to subparagraph (C).
``(C) The Congress hereby confirms that it is and has been its
intent to prohibit all releases of water directly from Friant Dam into
the San Joaquin River other than for bona fide purposes of (i) flood
control, (ii) satisfying the requirements of that certain Contract for
Exchange of Waters dated July 27, 1939, between the United States of
America, the San Joaquin & Kings River Canal & Irrigation Company,
Incorporated, the Columbia Canal Company, the San Luis Canal Company
and the Firebaugh Canal Company, as amended from time to time, or (iii)
satisfying those contractual obligations of the Secretary which existed
on the date of enactment of this title to provide water to landowners
located between Friant Dam and Gravelly Ford. Therefore,
notwithstanding any State or other Federal law, water shall not be
released directly from Friant Dam into the San Joaquin River except for
the purposes enumerated in clauses (i), (ii), and (iii) of the
preceding sentence.
``(D) In lieu of releasing water directly from Friant Dam into the
San Joaquin River for any purposes of this title, entities receiving
Central Valley Project water from the Friant Division of the Central
Valley Project shall be assessed, in addition to all other applicable
charges, a surcharge for all Class 1 and Class 2 water delivered in an
amount that will result in collection, during each fiscal year, of
$6,000,000. Such surcharge shall be in the amount of $4.00 per acre-
foot and shall not apply to Class 2 water delivered in excess of 50
percent of the amount of Class 2 water to which a contracting party is
contractually entitled.
``(E) Except as expressly provided in subparagraphs (C) and (D),
nothing contained in those subparagraphs shall otherwise alter the
applicability or inapplicability of State or other Federal law to
entities receiving Central Valley Project water from the Friant
Division of the Central Valley Project.
``(2) The Secretary shall, by not later than September 30, 1996, in
the course of preparing the Stanislaus River Basin and Calaveras River
Water Use Program Environmental Impact Statement and in consultation
with the State of California, affected counties, and other interests,
evaluate and determine existing and anticipated future basin needs in
the Stanislaus River Basin. In the course of such evaluation, the
Secretary shall investigate alternative storage, release, and delivery
regimes, including but not limited to conjunctive use operations,
conservation strategies, exchange arrangements, and the use of base and
channel maintenance flows, in order to best satisfy both basin and out-
of-basin needs consistent, on a continuing basis, with the limitations
and priorities established in the Act of October 23, 1962 (76 Stat.
173). For the purposes of this subparagraph, `basin needs' shall
include water supply for agricultural, municipal and industrial uses,
and maintenance and enhancement of water quality, and fish and wildlife
resources within the Stanislaus River Basin as established by the
Secretary's June 29, 1981 Record of Decision; and `out-of-basin' needs
shall include all such needs outside of the Stanislaus River Basin,
including those of the San Francisco Bay/Sacramento-San Joaquin Delta
Estuary and those of the San Joaquin River under paragraph (1) of this
subsection.''.
(8) Section 3406(d) of the Central Valley Project Improvement Act
(106 Stat. 4722) is amended to read as follows:
``(d) Central Valley Refuges and Wildlife Habitat Areas.--(1) In
support of the objectives of the Central Valley Habitat Joint Venture
and in furtherance of the purposes of this title, the Secretary shall
provide, either directly or through contractual agreements with other
appropriate parties, firm water supplies of suitable quality to
maintain and improve wetland habitat areas on units of the National
Wildlife Refuge System in the Central Valley of California; on the Gray
Lodge, Los Banos, Volta, North Grasslands, and Mendota state wildlife
management areas; and on the Grasslands Resources Conservation District
in the Central Valley of California.
``(2) Upon enactment of this title and subject to paragraph (8) of
this subsection, the quantity and delivery schedules of water measured
at the boundaries of each wetland habitat area described in this
paragraph shall be in accordance with level 2 of the `Dependable Water
Supply Needs' table for those habitat areas as set forth in the Refuge
Water Supply Report and two-thirds of the water supply needed for full
habitat development for those habitat areas identified in the San
Joaquin Basin Action Plan/Kesterson Mitigation Action Plan Report
prepared by the Bureau of Reclamation. Such water shall be provided
through long-term contractual agreements with appropriate parties and
shall be supplemented by the increment of water provided for in
paragraph (3) of this subsection: Provided, That the Secretary shall be
obligated to provide such water whether or not such long-term
contractual agreements are in effect. In implementing this paragraph,
the Secretary shall endeavor to diversify sources of supply in order to
minimize possible adverse effects upon Central Valley Project
contractors.
``(3) Not later than ten years after enactment of this title and
subject to paragraph (8) of this subsection, the quantity and delivery
schedules of water measured at the boundaries of each wetland habitat
area described in this paragraph shall be in accordance with level 4 of
the `Dependable Water Supply Needs' table for those habitat areas as
set forth in the Refuge Water Supply Report and the full water supply
needed for full habitat development for those habitat areas identified
in the San Joaquin Basin Action Plan/Kesterson Mitigation Action Plan
Report prepared by the Bureau of Reclamation. The quantities of water
required to supplement the quantities provided under paragraph (2) of
this subsection shall be acquired by the Secretary in cooperation with
the State of California and in consultation with the Central Valley
Habitat Joint Venture and other interests in cumulating increments of
not less than ten percent per annum through voluntary measures which
include water conservation, conjunctive use, purchase, lease,
donations, or similar activities, or a combination of such activities
which do not require involuntary reallocations of project yield.
``(4) All costs associated with implementation of paragraph (2) of
this subsection shall be deemed a nonreimbursable Federal expenditure.
Incremental costs associated with implementation of paragraph (3) of
this subsection shall be fully allocated in accordance with the
following formula: 75 percent shall be deemed a nonreimbursable Federal
expenditure; and 25 percent shall be allocated to the State of
California for recovery through direct reimbursements or through
equivalent in-kind contributions.
``(5) The Secretary shall temporarily reduce deliveries of the
quantity of water dedicated under paragraph (2) of this subsection up
to 25 percent of such total whenever reductions are imposed upon
agricultural water service contractors served from the same Division of
the Central Valley Project: Provided, That such reductions shall not
exceed in percentage terms the reductions imposed on agricultural water
service contractors. For the purpose of shortage allocation, the
priority or priorities applicable to the increment of water provided
under paragraph (3) of this subsection shall be the priority or
priorities which applied to the water in question prior to its transfer
to the purpose of providing such increment.
``(6) In order to minimize possible adverse impacts upon Central
Valley Project water contractors, the Secretary is authorized and
directed to construct or to acquire from non-Federal entities such
water conveyance facilities, conveyance capacity, pumping capacity, and
wells as are necessary to implement the requirements of this subsection
within one year after enactment of this paragraph. To carry out this
obligation, and without limiting other actions, the Secretary shall, in
cooperation with the State of California and Central Valley Project
water contractors, implement those immediate actions necessary to
facilitate the acquisition of pumping and conveyance capacity from the
State. Additional water that can be delivered as a result of the
acquisition of such additional pumping and conveyance capacity shall be
allocated in a manner which avoids water shortages to Central Valley
Project water contractors and users.
``(7) The Secretary, in consultation with the State of California,
the Central Valley Habitat Joint Venture, and other interests, shall
investigate and report on the following supplemental actions by not
later than September 30, 1997--
``(A) alternative means of improving the reliability and
quality of water supplies currently available to privately
owned wetlands in the Central Valley and the need, if any, for
additional supplies; and
``(B) water supply and delivery requirements necessary to
permit full habitat development for water dependent wildlife on
one hundred and twenty thousand acres supplemental to the
existing wetland habitat acreage identified in Table 8 of the
Central Valley Habitat Joint Venture's `Implementation Plan'
dated April 19, 1990, as well as feasible means of meeting
associated water supply requirements.
``(8) Not later than 180 days after the date of the enactment of
the Central Valley Project Reform Act of 1995, the Secretary shall
prepare a report in which the Secretary assesses whether the Dependable
Water Supply Needs outlined in the Refuge Water Supply Report and the
San Joaquin Basin Action Plan/Kesterson Mitigation Action Plan Report
prepared by the Bureau of Reclamation accurately reflect reasonable
dependable water supply needs for refuges, taking into account changes
in habitat conditions and any other relevant factors. If the Secretary
determines that the Dependable Water Supply Needs in such Reports do
not reflect the reasonable dependable water supply needs for refuges,
the Reports shall be revised to reflect appropriate adjustments in the
Dependable Water Supply Needs tables, and deliveries and increments
described in paragraphs (2) and (3) of this subsection shall be
adjusted accordingly to match the quantities specified in the revised
Reports. The report shall be prepared with public involvement,
including water contractors and users.
``(9) Not later than one year after the date of the enactment of
this paragraph, the Secretary shall--
``(A) using water measuring devices or other water
measuring methods, determine the quantity of all water provided
by the Secretary to areas referred to in paragraph (1) of this
subsection;
``(B) require that such areas be managed in accordance with
water conservation plans which incorporate water conservation
best management practices developed under section 3405(d) of
this title; and
``(C) if the Dependable Water Supply Needs levels specified
in paragraphs (2) and (3) of this subsection do not correspond
with the demonstrated need following implementation of best
management practices under this paragraph, the levels shall be
adjusted accordingly to match the level of such demonstrated
need.''.
(9) Section 3406(f) of the Central Valley Project Improvement Act
(106 Stat. 4724) is amended by striking ``Committees on Insular and
Interior Affairs and Merchant Marine and Fisheries'' and inserting
``Committee on Resources''.
(10) Section 3406 (106 Stat. 4714), as amended by subsection (a) of
this section, is further amended by adding at the end the following new
subsection:
``(j) Purchase of Additional Water.--The Secretary may acquire any
water needed to carry out this title which is in addition to the water
required to be made available under subsections (b)(2), (b)(22), and
(d) only by purchase in accordance with State law. Such purchases shall
be Federal nonreimbursable expenditures to the extent they are not
funded through the Restoration Fund established in section 3407 of this
title.''.
SEC. 7. RESTORATION FUND.
(a) Restoration Fund Established.--Section 3407(a) of the Central
Valley Project Improvement Act (106 Stat. 4726) is amended to read as
follows:
``(a) Restoration Fund Established.--
``(1) There is hereby established in the Treasury of the
United States the `Central Valley Project Restoration Fund'
(hereafter `Restoration Fund') which shall be available for
deposit of donations from any source and revenues provided
under sections 3405(e), 3406(c)(1)(D), and 3407(d) of this
title. Amounts deposited shall be credited as offsetting
collections. Monies donated to the Restoration Fund by non-
Federal entities for specific purposes shall be expended for
those purposes only and shall not be subject to appropriation.
Notwithstanding any other provision of this title, the
Secretary may not directly or indirectly require a donation, or
any other payment, to the Restoration Fund, or environmental
restoration or mitigation fees not otherwise provided by law,
as a condition to providing for the storage or conveyance of
non-Central Valley Project water pursuant to reclamation laws,
or as a condition to the delivery of water pursuant to section
215 of the Reclamation Reform Act of 1982 (96 Stat. 1270).
``(2) The Secretary may utilize amounts collected pursuant
to section 3406(c)(1)(D) to assist in achieving applicable
water quality standards imposed in the San Francisco Bay/
Sacramento-San Joaquin Delta Estuary, with emphasis on funding
projects described in section 3406(c)(1)(A) which will
contribute to achieving such standards. The balance of all
surcharges collected pursuant to section 3406(c)(1)(D) shall be
utilized by the Secretary to provide funding to the State of
California or other entity described in section 3407(e)(1) to
assist in the implementation of all projects described in such
subparagraph (A) to which funding is not directed pursuant to
the preceding sentence.''.
(b) Authorization of Appropriations.--Section 3407(b) of the
Central Valley Project Improvement Act (106 Stat. 4726) is amended by
inserting ``(from willing sellers)'' after ``acquisition''.
(c) Mitigation and Restoration Payments by Water and Power
Beneficiaries.--Section 3407(c) of the Central Valley Project
Improvement Act (106 Stat. 4726) is amended to read as follows:
``(c) Mitigation and Restoration Payments by Water and Power
Beneficiaries.--
``(1) To the extent required in appropriation Acts, the
Secretary shall assess and collect additional annual mitigation
and restoration payments, in addition to the charges provided
for or collected under sections 3405(a)(1)(B), 3405(e), and
3406(c)(1)(D) of this title, consisting of charges to direct
beneficiaries of the Central Valley Project under subsection
(d) of this section in order to recover a portion or all of the
costs of fish, wildlife, and habitat restoration programs and
projects under this title.
``(2) The payment described in this subsection shall be
established at amounts that will result in collection, during
each fiscal year, of an amount that can be reasonably expected
to equal the amount appropriated each year, subject to
subsection (d) of this section, and in combination with all
other receipts identified under this title, to carry out the
purposes identified in subsection (b) of this section.''.
(d) Adjustment and Assessment of Mitigation and Restoration
Payments.--Paragraphs (1) and (2) of section 3407(d) of the Central
Valley Project Improvement Act (106 Stat. 4727) are amended to read as
follows:
``(1) In assessing the annual payments to carry out
subsection (c) of this section, the Secretary shall, prior to
each fiscal year, estimate the amount that could be collected
in each fiscal year pursuant to paragraph (2) of this
subsection. The Secretary shall decrease all such payments on a
proportionate
basis from amounts contained in the estimate so that an
aggregate amount is collected pursuant to the requirements of
subsection (c)(2) of this section.
``(2) The Secretary shall assess and collect the following
mitigation and restoration payments, to be covered to the
Restoration Fund, subject to the requirements of paragraph (1)
of this subsection:
``The Secretary shall require Central Valley
Project water and power contractors to make such
additional annual payments as are necessary to yield,
together with all other receipts, the amount required
under subsection (c)(2) of this section: Provided, That
such additional payments shall not exceed $30,000,000
(October 1992 price levels) on a three-year rolling
average basis: Provided further, That such additional
annual payments shall be allocated so as not to exceed
$6 per acre-foot (October 1992 price levels) for
Central Valley Project water for agricultural use
delivered by the Central Valley Project and received or
transferred by a Central Valley Project water
contractor, and $12 per acre-foot (October 1992 price
levels) for Central Valley Project water for municipal
and industrial use delivered by the Central Valley
Project and received or transferred by a Central Valley
Project contractor: Provided further, That the charge
imposed on agricultural water shall be reduced, if
necessary, to an amount within the probable ability of
the water users to pay as determined and adjusted by
the Secretary no less than every five years: Provided
further, That the Secretary shall impose an additional
annual charge of $25 per acre-foot (October 1992 price
levels) for Central Valley Project water sold or
transferred, except water sold or transferred under the
right of first refusal, to any State or local agency or
other entity which has not previously been a Central
Valley Project customer and which contracts with the
Secretary or any other individual or district receiving
Central Valley Project water to purchase or otherwise
transfer any such water for its own use for municipal
and industrial purposes, to be deposited in the
Restoration Fund: And Provided further, That upon the
completion of the fish, wildlife, and habitat
mitigation and restoration actions mandated under
section 3406 of this title, the Secretary shall reduce
the sums described in subsection (c)(2) of this section
to $35,000,000 per year (October 1992 price levels) and
shall reduce the annual mitigation and restoration
payment ceiling established under this subsection to
$15,000,000 (October 1992 price levels) on a three-year
rolling average basis. The amount of the mitigation and
restoration payment made by Central Valley Project
water and power users, taking into account all funds
collected under this title, shall, to the greatest
degree practicable, be assessed in the same proportion,
measured over a ten-year rolling average, as water and
power users' respective allocations for repayment of
the Central Valley Project.''.
(e) Funding to Non-Federal Entities.--Section 3407(e) of the
Central Valley Project Improvement Act (106 Stat. 4728) is amended to
read as follows:
``(e) Funding to Non-Federal Entities.--
``(1) Except as provided by paragraph (2), if the Secretary
determines that the State of California or an agency or
subdivision thereof, an Indian tribe, or a nonprofit entity
concerned with restoration, protection, or enhancement of fish,
wildlife, habitat, or environmental values is able to assist in
implementing any action authorized by this title in an
efficient, timely, and cost-effective manner, the Secretary is
authorized to provide funding to such entity on such terms and
conditions as he deems necessary to assist in implementing the
identified action.
``(2) The use of funding provided by the Secretary to the
State of California or other entity described in section
3407(e)(1) pursuant to subsection 3407(a)(2) to assist in the
implementation of projects described in section 3406(c)(1)(A)
shall be as determined by the State of California or such other
entity and shall not be subjected to terms and conditions
imposed by the Secretary which are unacceptable to the State of
California or such other entity.''.
(f) Restoration Fund Financial Reports.--Subsection (f) of section
3407 of the the Central Valley Project Improvement Act (106 Stat. 4728)
is amended by striking ``Committee on Interior and Insular Affairs, the
Committee on Merchant Marine and Fisheries,'' and inserting ``Committee
on Resources''.
SEC. 8. ADDITIONAL AUTHORITIES.
(a) Annual Reports.--Section 3408(f) of the Central Valley Project
Improvement Act (106 Stat. 4729) is amended--
(1) by striking out ``Interior and Insular Affairs and
Merchant Marine and Fisheries'' and inserting in lieu thereof
``Resources''; and
(2) in the second sentence, by inserting before the period
at the end the following: ``, including (but not limited to)
progress on the plan required by subsection (j)''.
(b) Project Yield Increase and Judicial Decrees.--Subsections (j)
and (k) of section 3408 of the Central Valley Project Improvement Act
(106 Stat. 4730) are amended to read as follows:
``(j) Project Yield Increase.--In order to minimize adverse effects
upon existing Central Valley Project water contractors resulting from
the water reserved for fish and wildlife under this title, and to
assist the State of California in meeting its future water needs, the
Secretary shall, on a priority basis, not later than two years after
the date of enactment of the Central Valley Project Reform Act of 1995,
develop and submit to Congress, a least-cost plan to increase, as soon
as possible but not later than ten years after the date of enactment of
this title, the yield of the Central Valley Project by the amount
reserved and managed for fish and wildlife purposes under this title
and otherwise required to meet the purposes of the Central Valley
Project including, without limitation, satisfying contractual
obligations. In order to carry out this subsection, the Secretary is
authorized and directed to coordinate with the State of California in
implementing measures for the long-term resolution of problems in the
San Francisco Bay/Sacramento-San Joaquin Delta Estuary. The plan
authorized by this subsection shall include (but not be limited to) a
description of how the Secretary intends to use the following options:
``(1) Improvements in, modification of, or additions to the
facilities and operations of the project.
``(2) Conservation.
``(3) Transfers.
``(4) Conjunctive use.
``(5) Purchase of water.
``(6) Purchase and idling of agricultural land.
``(7) Direct purchase of water rights.
Such plan shall include recommendations on appropriate cost-sharing
arrangements and shall be developed in a manner consistent with all
applicable State and Federal law. Such plan shall also include
recommendations for authorizing legislation or other measures, if any,
needed to implement the intent, purposes, and provisions of this
subsection.
``(k) Judicial Decrees.--Except as specifically provided in this
title, nothing in this title is intended to alter the terms of any
final judicial decree confirming or determining water rights.
Notwithstanding any other provision of reclamation law, the judgment
entered December 30, 1986, by the United States District Court of the
Eastern District of California in the consolidated cases entitled
Barcellos and Wolfsen, Inc., et al. v. Westlands Water District, et al.
(No. CV 78-106 EDP) and Westlands Water District, et al. v. United
States, et al. (No. CV F 81-245 EDP), shall be deemed an existing long-
term water service contract, which shall be renewable pursuant to
section 3404(c) of this title.''.
(c) Technical Amendment.--Section 3408(h)(2) of the Central Valley
Project Improvement Act (106 Stat. 4729) is amended by striking out
``(h)(i)'' and inserting in lieu thereof ``(h)(1)''.
(d) Stanislaus River.--Section 3408 of the Central Valley Project
Improvement Act (106 Stat 4730) is amended by adding at the end the
following:
``(e)(1) The Secretary shall identify the water supply impacts
resulting from the reallocation of Stanislaus River water for fish and
wildlife purposes under this title, and no later than two years after
the date of enactment of the Central Valley Project Reform Act of 1995,
develop and implement a plan to provide long term replacement water in
an amount equal to the identified water supply impacts on out-of-basin
entities which have contracted with the Secretary for water from the
New Melones Project. In the event the available yield of the New
Melones Reservoir is insufficient to meet the contractual needs of
these districts, then the Bureau shall provide an alternative supply at
the contractual rate. Allocations for other Central Valley Project
contractors shall not be reduced as a result of deliveries from New
Melones Reservoir or any alternative source to the Stockton East Water
District and the Central San Joaquin Water Conservation District.
``(2) The plan developed under paragraph (1) shall include (but not
be limited to) utilization of exchange or transfer of water facilitated
by the Secretary, other conjunctive use facilities satisfactory to the
contracting entities, and/or additional diversion facilities. In the
event additional facilities are authorized and constructed, out-of-
basin entities which have constructed diversion facilities on the
Stanislaus River pursuant to contracts with the Secretary for water
from the New Melones Project, shall be credited, in the calculation of
capital for any such new facilities, with an amount equal to 75 percent
of the costs associated with the construction of those Stanislaus River
diversion facilities. The construction of such facilities or the
allocation of costs associated with such facilities shall be treated as
nonreimbursible capital costs of the Bureau and not result in increased
allocation of costs to any other Central Valley Project contractor.''.
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