II Calendar No. 294 111th CONGRESS 2d Session S. 1759 [Report No. 111–144] 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.
1.
Short title
This Act may be cited as the Water Transfer Facilitation Act of 2009.
2.
Authorization of irrigation 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 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. (b)
Condition
A transfer under subsection (a) shall be subject to the condition that the transfer not interfere with— (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 (2)the Settlement.
3.
Facilitation of water transfers, Central Valley Project
(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. (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).
4.
Report on Central Valley Project water transfers
(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— (1)describes the status of efforts to help facilitate and improve the water transfers under this Act; and (2)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 State water projects. (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).
5.
Technical corrections
Section 3405(a)(1) of the Central Valley Project Improvement Act (Public Law 102–575; 106 Stat. 4710) is amended— (1)in the first sentence, by striking transfers to and inserting transfers of; and (2)in subparagraph (A), by striking to combination and inserting or combination.
1.
Short title
This Act may be cited as the Water Transfer Facilitation Act of 2009.
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.
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.
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.
March 2, 2010 Reported with an amendment