[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1251 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1251

To provide congressional direction for implementation of the Endangered 
 Species Act as it relates to operation of the Central Valley Project 
  and the California State Water Project and for water relief in the 
                          State of California.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2011

Mr. Costa (for himself and Mr. Cardoza) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide congressional direction for implementation of the Endangered 
 Species Act as it relates to operation of the Central Valley Project 
  and the California State Water Project and for water relief in the 
                          State of California.

    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 ``More Water for Our Valley Act, 
2011''.

SEC. 2. COMPLIANCE WITH ENDANGERED SPECIES ACT OF 1973.

    (a) Findings.--Congress finds the following:
            (1) The economy of the San Joaquin Valley in California is 
        predominantly based on irrigated agriculture served water to 
        the westside and southern end of the San Joaquin Valley by--
                    (A) the Central Valley Project; and
                    (B) the California State Water Project.
            (2) The quantity of water available for irrigated 
        agriculture in these areas of the San Joaquin Valley served by 
        the Central Valley Project and the California State Water 
        Project has been reduced significantly as a result of 
        restrictions placed on the operations of the Central Valley 
        Project and the California State Water Project under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
            (3) California's San Joaquin Valley is one of the most 
        productive agricultural regions in the world, and produces more 
        than 250 different crops with an estimated value of 
        $17,000,000,000 per year, supplying about eight percent of 
        United States agricultural production and approximately 40 
        percent of the Nation's fruits and vegetables on less than one 
        percent of the United States farmland. Crops grown in the San 
        Joaquin Valley are exported to 100 countries around the world. 
        The San Joaquin Valley is an essential source of the food 
        supplies for the United States and the world.
            (4) Water supply shortages resulting from regulatory 
        restrictions on the operations of the Central Valley Project 
        and the California State Water Project have greatly exacerbated 
        the economic recession and contributed to an economic crisis in 
        the San Joaquin Valley.
            (5)(A) More than 400,000 acres of highly productive 
        farmland in the San Joaquin Valley were fallowed in 2009.
            (B) Unemployment rates in small rural communities in the 
        San Joaquin Valley remain close to 40 percent.
            (C) Food banks throughout the San Joaquin Valley face 
        unprecedented demand from unemployed residents, with Fresno 
        County Food Bank expecting to serve more meals in 2011 than in 
        2009.
            (6) Any water not captured and stored by the Central Valley 
        Project and the California State Water Project is water that 
        could have been used to sustain irrigated agriculture and the 
        many businesses and communities that rely on it throughout the 
        Central Valley of California.
            (7) As of March 1, 2011, snowpack and rainfall are above 
        average for the State of California. However, deliveries to 
        water agencies that rely on exports from the Sacramento-San 
        Joaquin Delta (California Bay-Delta) are expected to remain at 
        reduced levels this year due to pumping restrictions imposed on 
        operations of the Central Valley Project and the California 
        State Water Project under the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.).
            (8) Due to reduced surface water supplies, reliance on 
        groundwater has increased, and the withdrawals from the 
        aquifers are unsustainable and put significant infrastructure 
        at risk of collapse, including the State Water Project's 
        California Aqueduct, due to permanent subsidence of land over 
        the overdrafted aquifers.
            (9) Significant habitat for a number of native fish species 
        in the California Bay-Delta (including tidal marsh and 
        wetlands), and access to spawning grounds, have been 
        significantly reduced during the last century.
            (10) Discharge of pollutants and invasive species have 
        dramatically impaired the ecosystem of the California Bay-
        Delta.
            (11) Large-scale and sustained habitat restoration and fish 
        passage improvements are essential--
                    (A) to restore the unique ecosystem of the 
                California Bay-Delta; and
                    (B) to recover native species in the California 
                Bay-Delta.
            (12) As of the date of enactment of this Act, Federal and 
        State agencies, and a number of interested parties, continue to 
        develop the Bay Delta Conservation Plan to establish a habitat 
        conservation plan--
                    (A) to provide ecosystem restoration;
                    (B) to contribute to native species recovery; and
                    (C) to allow for projects to proceed that restore 
                and protect water supplies for--
                            (i) the Central Valley Project; and
                            (ii) the California State Water Project.
    (b) Compliance.--
            (1) In general.--All requirements of the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) relating to operations of 
        the Central Valley Project and the California State Water 
        Project (``Projects'') shall be deemed satisfied with regard to 
        the species and their critical habitat covered by the 
        biological opinions for the operations of the Central Valley 
        Project and the California State Water Project issued by the 
        United States Fish and Wildlife Service and dated December 15, 
        2008, and the National Marine Fisheries Service and dated June 
        4, 2009 (the ``biological opinions''), if--
                    (A) the alternatives described in that portion of 
                the biological opinions entitled ``Reasonable and 
                Prudent Alternatives'' are implemented; and
                    (B) the actions described in paragraph (2) are 
                carried out.
            (2) Mandates.--The Secretary of the Interior and the 
        Secretary of Commerce shall ensure the following:
                    (A) Flows.--For each calendar year, during the 
                period beginning on December 1 and ending on June 30, 
                neither biological opinion described in paragraph (1) 
                shall restrict reverse flow in Old and Middle Rivers to 
                a 14-day average of the mean daily reverse flow of less 
                than -5,000 cubic feet per second.
                    (B) Control of pumping operations.--For each 
                calendar year, during the period beginning on April 1 
                and ending on May 31, rates of export shall not be 
                reduced pursuant to the biological opinion of the 
                National Marine Fisheries Service described in 
                paragraph (1), except as required to implement 
                California State Water Resources Control Board Water 
                Rights Decision 1641 or a superseding water rights 
                decision.
                    (C) Fall X2.--For each calendar year, during the 
                period beginning September 1 and ending November 30, 
                monthly average X2 no greater (more eastward) than 74 
                km (from the Golden Gate) shall be maintained only to 
                the extent that such action does not diminish the 
                capability of either the Central Valley Project or the 
                California State Water Project to make water available 
                for other authorized project purposes.
            (3) Modification.--The Secretary of the Interior may modify 
        the flow and pumping operation mandates established in 
        paragraph (2) upon recommendations of the National Research 
        Council Committee on Sustainable Water and Environmental 
        Management in the California Bay-Delta, if such modifications--
                    (A) would provide greater benefits to the species 
                covered by the biological opinions described in 
                paragraph (1); and
                    (B) would not reduce the water delivery capability 
                of the Central Valley Project or California State Water 
                Project more than their delivery capability allowed 
                under paragraph (2).
    (c) Implementation of Action Plan.--As soon as practicable after 
the date of enactment of this Act, the Secretary of the Interior and 
the Secretary of Commerce shall--
            (1) establish a fish hatchery program or refuge to preserve 
        and restore the delta smelt in collaboration with the Governor 
        of the State of California; and
            (2) implement a habitat program under which each Secretary 
        shall identify, prioritize, and implement key ecosystem 
        restoration and fish passage projects in the ecosystem of, and 
        on tributaries to, the California Bay-Delta to help ensure the 
        viability of--
                    (A) at-risk species; and
                    (B) species listed as threatened species or 
                endangered species on the list of threatened species or 
                the list of endangered species published under section 
                4(c)(1) of the Endangered Species Act of 1973 (16 
                U.S.C. 1533(c)(1)); and
            (3) install the Head of Old River Barrier during the April-
        May pulse flow, as set forth in California State Water 
        Resources Control Board Water Rights Decision 1641.
    (d) Savings Clause.--Nothing in this section shall--
            (1) diminish or result in a reduction of the water supply 
        deliveries of the California State Water Project to its 
        contractors; nor
            (2) shift an existing obligation of the Central Valley 
        Project or other water project subject to the provisions of the 
        biological opinions identified in subsection (b)(1) to any 
        other person, agency, entity, or other water right holder.
    (e) San Joaquin River Restoration Settlement Act.--Nothing in this 
Act shall limit or otherwise affect the implementation of the San 
Joaquin River Restoration Settlement or the San Joaquin River 
Restoration Settlement Act (Public Law 111-11), including the Water 
Management Goal.
    (f) No Futher Restriction.--No State or any political subdivision 
thereof shall adopt or attempt to enforce any requirements relating to 
the impact of the operation of the Projects on the species and critical 
habitat covered by the biological opinions that is more restrictive 
than the requirements of this section. Any State law that authorizes 
the imposition of restrictions on the operation of the Projects in a 
manner that is more restrictive than this section is expressly 
preempted.
    (g) Termination.--This section and each authority and mandate under 
this section shall terminate on March 1, 2015.
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