[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5781 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 5781

_______________________________________________________________________

                                 AN ACT


 
  To provide short-term water supplies to drought-stricken California.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``California 
Emergency Drought Relief Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--CALIFORNIA EMERGENCY DROUGHT RELIEF

Sec. 101. Definitions.
Sec. 102. Emergency projects.
Sec. 103. Temporary operational flexibility for first few storms of the 
                            water year.
Sec. 104. Progress report.
Sec. 105. Status of surface storage studies.
            TITLE II--PROTECTION OF THIRD-PARTY WATER RIGHTS

Sec. 201. Offset for State Water Project.
Sec. 202. Area of origin protections.
Sec. 203. No redirected adverse impacts.
Sec. 204. Allocations For Sacramento Valley Contractors.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Effect on existing obligations.
Sec. 302. Termination of authorities.

              TITLE I--CALIFORNIA EMERGENCY DROUGHT RELIEF

SEC. 101. DEFINITIONS.

    In this title:
            (1) Central valley project.--The term ``Central Valley 
        Project'' has the meaning given the term in section 3403 of the 
        Central Valley Project Improvement Act (106 Stat. 4707).
            (2) Delta.--The term ``Delta'' means the Sacramento-San 
        Joaquin Delta and the Suisun Marsh, as defined in sections 
        12220 and 29101 of the California Public Resources Code.
            (3) Negative impact on the long-term survival.--The term 
        ``negative impact on the long-term survival'' means to reduce 
        appreciably the likelihood of both the survival and recovery of 
        a listed species in the wild by reducing the reproduction, 
        numbers, or distribution of that species.
            (4) Salmonid biological opinion.--The term ``salmonid 
        biological opinion'' means the biological opinion issued by the 
        National Marine Fisheries Service on June 4, 2009.
            (5) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of Commerce; and
                    (B) the Secretary of the Interior.
            (6) Smelt biological opinion.--The term ``smelt biological 
        opinion'' means the biological opinion on the Long-Term 
        Operational Criteria and Plan for coordination of the Central 
        Valley Project and State Water Project issued by the United 
        States Fish and Wildlife Service on December 15, 2008.
            (7) State.--The term ``State'' means the State of 
        California.
            (8) State water project.--The term ``State Water Project'' 
        means the water project described by California Water Code 
        section 11550 et seq. and operated by the California Department 
        of Water Resources.

SEC. 102. EMERGENCY PROJECTS.

    (a) In General.--Subject to the priority of individuals or 
entities, including those with Sacramento River Settlement Contracts, 
that have priority to the diversion and use of water over water rights 
held by the United States for operations of the Central Valley Project 
and over rights held by the State for operations of the State Water 
Project and the United States obligation to make a substitute supply of 
water available to the San Joaquin River Exchange Contractors, the 
Secretaries shall direct the operations of the Central Valley Project 
and allow the State Water Project to provide the maximum quantity of 
water supplies possible to Central Valley Project agricultural, 
municipal and industrial, and refuge service and repayment contractors, 
and State Water Project contractors, by approving, consistent with 
applicable laws (including regulations)--
            (1) any project or operations to provide additional water 
        supplies if there is any possible way whatsoever that the 
        Secretaries can do so unless the project or operations 
        constitute a highly inefficient way of providing additional 
        water supplies; and
            (2) any projects or operations as quickly as possible based 
        on available information to address the emergency conditions.
    (b) Mandate.--In carrying out subsection (a), the applicable 
Secretary shall--
            (1) authorize and implement actions to ensure that the 
        Delta Cross Channel Gates remain open to the maximum extent 
        practicable using findings from the United States Geological 
        Survey on diurnal behavior of juvenile salmonids, timed to 
        maximize the peak flood tide period and provide water supply 
        and water quality benefits, consistent with operational 
        criteria and monitoring set forth in the California State Water 
        Resources Control Board's Order Approving a Temporary Urgency 
        Change in License and Permit Terms in Response to Drought 
        Conditions, effective January 31, 2014, or a successor order;
            (2)(A) implement turbidity control strategies that allow 
        for increased water deliveries for the Central Valley Project 
        and State Water Project while avoiding a negative impact on the 
        long-term survival delta smelt (Hypomesus transpacificus) due 
        to entrainment at Central Valley Project and State Water 
        Project pumping plants;
            (B) operating within the ranges provided for in the smelt 
        biological opinion and the salmonid biological opinion to 
        minimize water supply reductions for the Central Valley Project 
        and the State Water Project, manage reverse flow in Old and 
        Middle Rivers at -5000 cubic feet per second (cfs) unless 
        current scientific data indicate a less negative Old and Middle 
        River flow is necessary to avoid a negative impact on the long-
        term survival of the listed species; and
            (C) show in writing that any determination to manage OMR 
        reverse flow at rates less negative than -5000 cubic feet per 
        second is necessary to avoid a significant negative impact on 
        the long-term survival of the Delta smelt, including an 
        explanation of the data examined and the connection between 
        those data and the choice made prior to reducing pumping to a 
        rate less negative than -5000 cfs;
            (3) adopt a 1:1 inflow to export ratio for the increment of 
        increased flow of the San Joaquin River, as measured as a 3-day 
        running average at Vernalis during the period from April 1 
        through May 31, resulting from voluntary sale, transfers, or 
        exchanges of water from agencies with rights to divert water 
        from the San Joaquin River or its tributaries on the condition 
        that a proposed sale, transfer, or exchange under this 
        paragraph may only proceed if the Secretary of the Interior 
        determines that the environmental effects of the proposed sale, 
        transfer, or exchange are consistent with effects permissible 
        under applicable law (including regulations), and provided that 
        Delta conditions are suitable to allow movement of the 
        acquired, transferred, or exchanged water through the Delta 
        consistent with the Central Valley Project's and the State 
        Water Project's permitted water rights;
            (4) issue all necessary permit decisions under the 
        authority of the Secretaries within 30 days of receiving a 
        completed application by the State to place and use temporary 
        barriers or operable gates in Delta channels to improve water 
        quantity and quality for Central Valley Project and State Water 
        Project contractors and other water users, which barriers or 
        gates should provide benefits for species protection and in-
        Delta water user water quality and shall be designed such that 
        formal consultations under section 7 of the Endangered Species 
        Act of 1973 (16 U.S.C. 1536) would not be necessary;
            (5)(A) complete all requirements under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
        necessary to make final permit decisions on water transfer 
        requests associated with voluntarily fallowing nonpermanent 
        crops in the State, within 30 days of receiving such a request; 
        and
            (B) allow any water transfer request associated with 
        fallowing to maximize the quantity of water supplies available 
        for nonhabitat uses as long as the fallowing and associated 
        water transfer are in compliance with applicable Federal laws 
        (including regulations);
            (6) allow any North of Delta agricultural water service 
        contractor with unused Central Valley Project water to take 
        delivery of such unused water through April 15, of the contract 
        year immediately following the contract year in which such 
        water was allocated, if--
                    (A) the contractor requests the extension; and
                    (B) the requesting contractor certifies that, 
                without the extension, the contractor would have 
                insufficient supplies to adequately meet water delivery 
                obligations;
            (7) to the maximum extent possible based on the 
        availability and quality of groundwater and without causing 
        land subsidence--
                    (A) meet the Level 2 and Level 4 water supply needs 
                of units of the National Wildlife Refuge System in the 
                Central Valley of California, the Gray Lodge, Los 
                Banos, Volta, North Grasslands, and Mendota State 
                wildlife management areas, and the Grasslands Resources 
                Conservation District in the Central Valley of 
                California through the improvement or installation of 
                wells to use groundwater resources and the purchase of 
                water from willing sellers; and
                    (B) make a quantity of Central Valley Project water 
                obtained from the measures implemented under 
                subparagraph (A) available to Central Valley Project 
                water service contractors; and
            (8) implement instream and offsite projects in the Delta 
        and upstream in the Sacramento River and San Joaquin basins, in 
        coordination with the California Department of Water Resources 
        and the California Department of Fish and Wildlife, that offset 
        the effects on species listed as threatened or endangered under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due 
        to actions taken under this Act.
    (c) Other Agencies.--To the extent that a Federal agency other than 
agencies headed by the Secretaries has a role in approving projects 
described in subsections (a) and (b), the provisions of this section 
shall apply to those Federal agencies.
    (d) Accelerated Project Decision and Elevation.--
            (1) In general.--Upon the request of the State, the heads 
        of Federal agencies shall use the expedited procedures under 
        this subsection to make final decisions relating to a Federal 
        project or operation to provide additional water supplies or 
        address emergency drought conditions pursuant to subsections 
        (a) and (b).
            (2) Request for resolution.--
                    (A) In general.--Upon the request of the State, the 
                head of an agency referred to in subsection (a), or the 
                head of another Federal agency responsible for carrying 
                out a review of a project, as applicable, the Secretary 
                of the Interior shall convene a final project decision 
                meeting with the heads of all relevant Federal agencies 
                to decide whether to approve a project to provide 
                emergency water supplies.
                    (B) Meeting.--The Secretary of the Interior shall 
                convene a meeting requested under subparagraph (A) not 
                later than 7 days after receiving the meeting request.
            (3) Notification.--Upon receipt of a request for a meeting 
        under this subsection, the Secretary of the Interior shall 
        notify the heads of all relevant Federal agencies of the 
        request, including the project to be reviewed and the date for 
        the meeting.
            (4) Decision.--Not later than 10 days after the date on 
        which a meeting is requested under paragraph (2), the head of 
        the relevant Federal agency shall issue a final decision on the 
        project in writing.
            (5) Meeting convened by secretary.--The Secretary of the 
        Interior may convene a final project decision meeting under 
        this subsection at any time, at the discretion of the 
        Secretary, regardless of whether a meeting is requested under 
        paragraph (2).

SEC. 103. TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW STORMS OF THE 
              WATER YEAR.

    (a) In General.--Consistent with avoiding a negative impact on the 
long-term survival in the short-term upon listed fish species beyond 
the range of those authorized under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) and other environmental protections under 
subsection (d), the Secretaries shall authorize the Central Valley 
Project and the State Water Project, combined, to operate at levels 
that result in negative Old and Middle River flows at -7500 cubic feet 
per second (based on United States Geological Survey gauges on Old and 
Middle Rivers) daily average for 28 cumulative days after October 1, as 
described in subsection (b).
    (b) Days of Temporary Operational Flexibility.--The temporary 
operational flexibility described in subsection (a) shall be authorized 
on days that the California Department of Water Resources determines 
the daily average river flow of the Sacramento River is at, or above, 
17,000 cubic feet per second as measured at the Sacramento River at 
Freeport gauge maintained by the United States Geologic Survey.
    (c) Compliance With ESA Authorizations.--In carrying out this 
section, the Secretaries may continue to impose any requirements under 
the smelt and salmonid biological opinions during any period of 
temporary operational flexibility as they determine are reasonably 
necessary to avoid additional negative impacts on the long-term 
survival of a listed fish species beyond the range of those authorized 
under the Endangered Species Act of 1973.
    (d) Other Environmental Protections.--
            (1) The Secretaries' actions under this section shall be 
        consistent with applicable regulatory requirements under state 
        law, including State Water Resources Control Board Decision 
        1641, as it may be implemented in any given year.
            (2) During the first flush of sediment out of the Delta in 
        each water year, and provided that such determination is based 
        upon objective evidence, OMR flow may be managed at rates less 
        negative than -5000 cubic feet per second for a minimum 
        duration to avoid movement of adult Delta smelt (Hypomesus 
        transpacificus) to areas in the southern Delta that would be 
        likely to increase entrainment at Central Valley Project and 
        State Water Project pumping plants.
            (3) This section shall not affect the application of the 
        salmonid biological opinion from April 1 to May 31, unless the 
        Secretary of Commerce finds that some or all of such applicable 
        requirements may be adjusted during this time period to provide 
        emergency water supply relief without resulting in additional 
        adverse effects beyond those authorized under the Endangered 
        Species Act of 1973. In addition to any other actions to 
        benefit water supply, the Secretary and the Secretary of 
        Commerce shall consider allowing through-Delta water transfers 
        to occur during this period.
            (4) During operations under this section, the Secretary of 
        the Interior, in coordination with the Fish and Wildlife 
        Service, National Marine Fisheries Service, and California 
        Department of Fish and Wildlife, shall undertake a monitoring 
        program and other data gathering to ensure incidental take 
        levels are not exceeded, and to identify potential negative 
        impacts and actions, if any, necessary to mitigate impacts of 
        the temporary operational flexibility to species listed under 
        the Endangered Species Act of 1973.
    (e) Technical Adjustments to Target Period.--If, before temporary 
operational flexibility has been implemented on 28 cumulative days, the 
Secretaries operate the Central Valley Project and the State Water 
Project combined at levels that result in Old and Middle River flows 
less negative than -7500 cubic feet per second during days of temporary 
operational flexibility as defined in subsection (b), the duration of 
such operation shall not be counted toward the 28 cumulative days 
specified in subsection (a).
    (f) Emergency Consultation; Effect on Running Averages.--
            (1) If necessary to implement the provisions of this 
        section, the Secretary of the Interior shall use the emergency 
        consultation procedures under the Endangered Species Act of 
        1973 and its implementing regulation at section 402.05, title 
        50, Code of Federal Regulations, to temporarily adjust the 
        operating criteria under the biological opinions, solely for 
        the 28 cumulative days of temporary operational flexibility--
                    (A) no more than necessary to achieve the purposes 
                of this section consistent with the environmental 
                protections in subsections (c) and (d); and
                    (B) including, as appropriate, adjustments to 
                ensure that the actual flow rates during the periods of 
                temporary operational flexibility do not count toward 
                the 5-day and 14-day running averages of tidally 
                filtered daily Old and Middle River flow requirements 
                under the biological opinions.
            (2) At the conclusion of the 28 cumulative days of 
        temporary operational flexibility, the Secretary of the 
        Interior shall not reinitiate consultation on these adjusted 
        operations, and no mitigation shall be required, if the effects 
        on listed fish species of these operations under this section 
        remain within the range of those authorized under the 
        Endangered Species Act. If the Secretary of the Interior 
        reinitiates consultation, no mitigation measures shall be 
        required.
    (g) Level of Detail Required for Analysis.--In articulating the 
determinations required under this section, the Secretaries shall fully 
satisfy the requirements herein but shall not be expected to provide a 
greater level of supporting detail for the analysis than feasible to 
provide within the short time frame permitted for timely decision-
making in response to changing conditions in the Delta.

SEC. 104. PROGRESS REPORT.

    Ninety days after the date of the enactment of this Act and every 
90 days thereafter, the Secretaries shall provide a progress report 
describing the implementation of sections 101, 102, and 103 to the 
Committee on Natural Resources in the House of Representatives and the 
Committee on Energy and Natural Resources in the Senate.

SEC. 105. STATUS OF SURFACE STORAGE STUDIES.

    One year after the date of the enactment of this Act, the Secretary 
of the Interior shall provide a progress report on the status of 
feasibility studies undertaken pursuant to section 103(d)(1) to the 
Committee on Natural Resources in the House of Representatives and the 
Committee on Energy and Natural Resources in the Senate. The report 
shall include timelines for study completion, draft environmental 
impact statements, final environmental impact statements, and Records 
of Decision.

            TITLE II--PROTECTION OF THIRD-PARTY WATER RIGHTS

SEC. 201. OFFSET FOR STATE WATER PROJECT.

    (a) Implementation Impacts.--The Secretary of the Interior shall 
confer with the California Department of Fish and Wildlife in 
connection with the implementation of this Act on potential impacts to 
any consistency determination for operations of the State Water Project 
issued pursuant to California Fish and Game Code section 2080.1.
    (b) Additional Yield.--If, as a result of the application of this 
Act, the California Department of Fish and Wildlife--
            (1) revokes the consistency determinations pursuant to 
        California Fish and Game Code section 2080.1 that are 
        applicable to the State Water Project;
            (2) amends or issues one or more new consistency 
        determinations pursuant to California Fish and Game Code 
        section 2080.1 in a manner that directly or indirectly results 
        in reduced water supply to the State Water Project as compared 
        with the water supply available under the smelt biological 
        opinion and the salmonid biological opinion; or
            (3) requires take authorization under section 2081 for 
        operation of the State Water Project in a manner that directly 
        or indirectly results in reduced water supply to the State 
        Water Project as compared with the water supply available under 
        the smelt biological opinion and the salmonid biological 
        opinion,
and as a consequence of the Department's action, Central Valley Project 
yield is greater than it would have been absent the Department's 
actions, then that additional yield shall be made available to the 
State Water Project for delivery to State Water Project contractors to 
offset losses resulting from the Department's action.
    (c) Notification Related to Environmental Protections.--The 
Secretary of the Interior shall immediately notify the Director of the 
California Department of Fish and Wildlife in writing if the Secretary 
of the Interior determines that implementation of the smelt biological 
opinion and the salmonid biological opinion consistent with this Act 
reduces environmental protections for any species covered by the 
opinions.

SEC. 202. AREA OF ORIGIN PROTECTIONS.

    (a) In General.--The Secretary of the Interior is directed, in the 
operation of the Central Valley Project, to adhere to California's 
water rights laws governing water rights priorities and to honor water 
rights senior to those held by the United States for operation of the 
Central Valley Project, regardless of the source of priority, including 
any appropriative water rights initiated prior to December 19, 1914, as 
well as water rights and other priorities perfected or to be perfected 
pursuant to California Water Code Part 2 of Division 2. Article 1.7 
(commencing with section 1215 of chapter 1 of part 2 of division 2, 
sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and 
sections 12200 to 12220, inclusive).
    (b) Diversions.--Any action undertaken by the Secretaries pursuant 
to both this Act and section 7 of the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) that requires that diversions from the 
Sacramento River or the San Joaquin River watersheds upstream of the 
Delta be bypassed shall not be undertaken in a manner that alters the 
water rights priorities established by California law.
    (c) Endangered Species Act.--Nothing in this title alters the 
existing authorities provided to and obligations placed upon the 
Federal Government under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), as amended.
    (d) Contracts.--With respect to individuals and entities with water 
rights on the Sacramento River, the mandates of this section may be 
met, in whole or in part, through a contract with the Secretary 
executed pursuant to section 14 of Public Law 76-260; 53 Stat. 1187 (43 
U.S.C. 389) that is in conformance with the Sacramento River Settlement 
Contracts renewed by the Secretary in 2005.

SEC. 203. NO REDIRECTED ADVERSE IMPACTS.

    (a) In General.--The Secretary of the Interior shall ensure that, 
except as otherwise provided for in a water service or repayment 
contract, actions taken in compliance with legal obligations imposed 
pursuant to or as a result of this Act, including such actions under 
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) and other applicable Federal and State laws, shall not directly 
or indirectly--
            (1) result in the involuntary reduction of water supply or 
        fiscal impacts to individuals or districts who receive water 
        from either the State Water Project or the United States under 
        water rights settlement contracts, exchange contracts, water 
        service contracts, repayment contracts, or water supply 
        contracts; or
            (2) cause redirected adverse water supply or fiscal impacts 
        to those within the Sacramento River watershed, the San Joaquin 
        River watershed or the State Water Project service area.
    (b) Costs.--To the extent that costs are incurred solely pursuant 
to or as a result of this Act and would not otherwise have been 
incurred by any entity or public or local agency or subdivision of the 
State of California, such costs shall not be borne by any such entity, 
agency, or subdivision of the State of California, unless such costs 
are incurred on a voluntary basis.
    (c) Rights and Obligations Not Modified or Amended.--Nothing in 
this Act shall modify or amend the rights and obligations of the 
parties to any existing--
            (1) water service, repayment, settlement, purchase, or 
        exchange contract with the United States, including the 
        obligation to satisfy exchange contracts and settlement 
        contracts prior to the allocation of any other Central Valley 
        Project water; or
            (2) State Water Project water supply or settlement contract 
        with the State.

SEC. 204. ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS.

    (a) Allocations.--
            (1) In general.--Subject to paragraph (2) and subsection 
        (b), the Secretary of the Interior 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:
                    (A) Not less than 100 percent of their contract 
                quantities in a ``Wet'' year.
                    (B) Not less than 100 percent of their contract 
                quantities in an ``Above Normal'' year.
                    (C) Not less than 100 percent of their contract 
                quantities in a ``Below Normal'' year that is preceded 
                by an ``Above Normal'' or a ``Wet'' year.
                    (D) Not less than 50 percent of their contract 
                quantities in a ``Dry'' year that is preceded by a 
                ``Below Normal,'' an ``Above Normal,'' or a ``Wet'' 
                year.
                    (E) In all other years not identified herein, the 
                allocation percentage for existing Central Valley 
                Project agricultural water service contractors within 
                the Sacramento River Watershed shall not be less than 
                twice the allocation percentage to south-of-Delta 
                Central Valley Project agricultural water service 
                contractors, up to 100 percent; provided, that nothing 
                herein shall preclude an allocation to existing Central 
                Valley Project agricultural water service contractors 
                within the Sacramento River Watershed that is greater 
                than twice the allocation percentage to South-of-Delta 
                Central Valley Project agricultural water service 
                contractors.
            (2) Conditions.--The Secretary's actions under paragraph 
        (a) 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.
Neither subsection (a) nor 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 its facilities.
    (c) No Effect on Allocations.--This section shall not--
            (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.
    (d) Program for Water Rescheduling.--The Secretary of the Interior 
shall develop and implement a program, not later than 1 year after the 
date of the enactment of this Act, to provide for the opportunity for 
existing Central Valley Project agricultural water service contractors 
within the Sacramento River Watershed to reschedule water, provided for 
under their Central Valley Project water service contracts, from one 
year to the next.
    (e) Definitions.--In this section:
            (1) 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.
            (2) The year type terms used in subsection (a) have the 
        meaning given those year types in the Sacramento Valley Water 
        Year Type (40-30-30) Index.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. EFFECT ON EXISTING OBLIGATIONS.

    Nothing in this Act preempts or modifies any existing obligation of 
the United States under Federal reclamation law to operate the Central 
Valley Project in conformity with State law, including established 
water rights priorities.

SEC. 302. TERMINATION OF AUTHORITIES.

    This Act shall expire on September 30, 2016, or the date on which 
the Governor of the State suspends the state of drought emergency 
declaration, whichever is later.

            Passed the House of Representatives December 9, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 5781

_______________________________________________________________________

                                 AN ACT

  To provide short-term water supplies to drought-stricken California.