[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1759 Reported in Senate (RS)]

                                                       Calendar No. 294
111th CONGRESS
  2d Session
                                S. 1759

                          [Report No. 111-144]

To authorize certain transfers of water in the Central Valley Project, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 2009

 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             March 2, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To authorize certain transfers of water in the Central Valley Project, 
                        and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Water Transfer Facilitation 
Act of 2009''.</DELETED>

<DELETED>SEC. 2. AUTHORIZATION OF IRRIGATION WATER TRANSFERS, CENTRAL 
              VALLEY PROJECT.</DELETED>

<DELETED>    (a) In General.--Subject to subsection (b), the following 
voluntary water transfers shall be considered to meet the conditions 
described in subparagraphs (A) and (I) of section 3405(a)(1) of the 
Reclamation Projects Authorization and Adjustment Act of 1992 (Public 
Law 102-575; 106 Stat. 4709):</DELETED>
        <DELETED>    (1) A transfer of irrigation water among Central 
        Valley Project contractors from the Friant, San Felipe, West 
        San Joaquin, and Delta divisions.</DELETED>
        <DELETED>    (2) A transfer of water among current or prior 
        temporary or long-term water service, repayment, water rights 
        settlement, or exchange contractors within a division of the 
        Central Valley Project.</DELETED>
<DELETED>    (b) Condition.--A transfer under subsection (a) shall be 
subject to the condition that the transfer not interfere with--
</DELETED>
        <DELETED>    (1) the San Joaquin River Restoration Settlement 
        Act (Public Law 111-11; 123 Stat. 1349), including the 
        priorities described in section 10004(a)(4)(B) of that Act (123 
        Stat. 1350) relating to implementation of paragraph 16 of the 
        Settlement (as defined in section 10003 of that Act (123 Stat. 
        1349)); and</DELETED>
        <DELETED>    (2) the Settlement.</DELETED>

<DELETED>SEC. 3. FACILITATION OF WATER TRANSFERS, CENTRAL VALLEY 
              PROJECT.</DELETED>

<DELETED>    (a) In General.--As soon as practicable after the date of 
enactment of this Act, the Secretary of the Interior, acting through 
the Director of the United States Fish and Wildlife Service and the 
Commissioner of the Bureau of Reclamation (referred to in this section 
as the ``Secretary''), using such sums as are necessary, shall initiate 
and complete, on the most expedited basis practicable, the programmatic 
development of environmental documentation to facilitate voluntary 
water transfers within the Central Valley Project.</DELETED>
<DELETED>    (b) Inclusions.--The environmental documentation under 
subsection (a) shall include all applicable environmental reviews, 
permitting, and consultations, including the environmental 
documentation needed to address concerns with respect to the Giant 
Garter Snake (Thamnophis gigas).</DELETED>

<DELETED>SEC. 4. REPORT ON CENTRAL VALLEY PROJECT WATER 
              TRANSFERS.</DELETED>

<DELETED>    (a) In General.--Not later than January 10, 2010, the 
Commissioner of the Bureau of Reclamation (referred to in this section 
as the ``Commissioner'') shall submit to the appropriate committees of 
Congress a report that--</DELETED>
        <DELETED>    (1) describes the status of efforts to help 
        facilitate and improve the water transfers under this Act; 
        and</DELETED>
        <DELETED>    (2) provides recommendations on ways to 
        facilitate, and improve the process for--</DELETED>
                <DELETED>    (A) water transfers within the Central 
                Valley Project; and</DELETED>
                <DELETED>    (B) water transfers between the Central 
                Valley Project and State water projects.</DELETED>
<DELETED>    (b) Updates.--Not later than July 15, 2010, and every 180 
days thereafter until the Commissioner determines that no further 
Federal action is warranted or authorized with respect to the water 
transfers under this Act, the Commissioner shall update the report 
submitted under subsection (a).</DELETED>

<DELETED>SEC. 5. TECHNICAL CORRECTIONS.</DELETED>

<DELETED>    Section 3405(a)(1) of the Central Valley Project 
Improvement Act (Public Law 102-575; 106 Stat. 4710) is amended--
</DELETED>
        <DELETED>    (1) in the first sentence, by striking ``transfers 
        to'' and inserting ``transfers of''; and</DELETED>
        <DELETED>    (2) in subparagraph (A), by striking ``to 
        combination'' and inserting ``or combination''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Transfer Facilitation Act of 
2009''.

SEC. 2. AUTHORIZATION OF WATER TRANSFERS, CENTRAL VALLEY PROJECT.

    (a) In General.--Subject to subsection (b), the following voluntary 
water transfers shall be considered to meet the conditions described in 
subparagraphs (A) and (I) of section 3405(a)(1) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 
106 Stat. 4709):
            (1) A transfer of irrigation water among Central Valley 
        Project contractors from the Friant, San Felipe, West San 
        Joaquin, and Delta divisions.
            (2) A transfer from a long-term Friant Division water 
        service or repayment contractor to a temporary or prior 
        temporary water service contractor within the place of use in 
        existence on the date of the transfer, as identified in the 
        Bureau of Reclamation water rights permits for the Friant 
        Division.
    (b) Condition.--A transfer under subsection (a) shall comply with 
all applicable Federal and State law.

SEC. 3. FACILITATION OF WATER TRANSFERS, CENTRAL VALLEY PROJECT.

    As soon as practicable after the date of enactment of this Act, the 
Secretary of the Interior, acting through the Director of the United 
States Fish and Wildlife Service and the Commissioner of the Bureau of 
Reclamation, using such sums as are necessary, shall initiate and 
complete, on the most expedited basis practicable, programmatic 
documentation to facilitate voluntary water transfers within the 
Central Valley Project, consistent with all applicable Federal and 
State law.

SEC. 4. REPORT ON CENTRAL VALLEY PROJECT WATER TRANSFERS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Commissioner of the Bureau of Reclamation 
(referred to in this section as the ``Commissioner'') shall submit to 
the appropriate committees of Congress a report that--
            (1) describes the status of efforts to help facilitate and 
        improve the water transfers under this Act;
            (2) evaluates potential effects of this Act on Federal 
        programs, Indian tribes, Central Valley Project operations, the 
        environment, groundwater aquifers, refuges, and communities; 
        and
            (3) provides recommendations on ways to facilitate, and 
        improve the process for--
                    (A) water transfers within the Central Valley 
                Project; and
                    (B) water transfers between the Central Valley 
                Project and other water projects in the State of 
                California.
    (b) Updates.--Not later than the end of the water year in which the 
report is submitted under subsection (a) and each of the 4 water years 
thereafter, the Commissioner shall update the report.
                                                       Calendar No. 294

111th CONGRESS

  2d Session

                                S. 1759

                          [Report No. 111-144]

_______________________________________________________________________

                                 A BILL

To authorize certain transfers of water in the Central Valley Project, 
                        and for other purposes.

_______________________________________________________________________

                             March 2, 2010

                       Reported with an amendment