[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5217 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5217

To affirm ``The Agreement Between the United States and Westlands Water 
District'' dated September 15, 2015, ``The Agreement Between the United 
  States, San Luis Water District, Panoche Water District and Pacheco 
               Water District'', and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2016

  Mr. Costa introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To affirm ``The Agreement Between the United States and Westlands Water 
District'' dated September 15, 2015, ``The Agreement Between the United 
  States, San Luis Water District, Panoche Water District and Pacheco 
               Water District'', 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.

    (a) Short Title.--This Act may be cited as the ``San Luis Unit 
Drainage Resolution Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Northerly districts agreement.--The term ``Northerly 
        Districts Agreement'' means the Agreement dated _____ between 
        the Secretary and San Luis Water District, Panoche Water 
        District, and Pacheco Water District.
            (2) Northerly san luis unit districts.--The term 
        ``Northerly San Luis Unit Districts'' means San Luis Water 
        District, Panoche Water District, and Pacheco Water District.
            (3) Project.--The term ``Project'' means the Central Valley 
        Project owned by the United States and managed by the 
        Department of the Interior, Bureau of Reclamation.
            (4) Project water.--The term ``Project Water'' means all 
        water that is developed, diverted, stored, or delivered by the 
        Secretary in accordance with the statutes authorizing the 
        Project and in accordance with the terms and conditions of 
        water rights acquired pursuant to California law.
            (5) San luis act.--The term ``San Luis Act'' means the Act 
        of June 3, 1960, Public Law No. 86-488 and all Acts amendatory 
        thereof and supplementary thereto.
            (6) San luis unit.--The term ``San Luis Unit'' means those 
        lands identified in section 1 of the Act of June 3, 1960 
        (Public Law 86-488, 74 Stat. 156).
            (7) San luis unit contractors.--As used herein, the term 
        ``San Luis Unit Contractors'' means Westlands Water District 
        (including Broadview Water District lands annexed within 
        Westlands Water District), San Luis Water District, Panoche 
        Water District, and Pacheco Water District.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) Wetlands agreement.--The term ``Westlands Agreement'' 
        means the ``Agreement between the United States and Westlands 
        Water District August 2015'' signed September 15, 2015.
            (10) Contracting officer.--The term ``Contracting Officer'' 
        means ``Contracting Officer'' as that term is defined in 
        existing San Luis Unit water service contracts.
            (11) Condition of shortage.--The term ``Condition of 
        Shortage'' means ``Condition of Shortage'' as that term is 
        defined in existing San Luis Unit water service contracts.
            (12) Central valley project improvement act of 1992 
        definitions.--As used herein, the terms ``repayment 
        contractor,'' ``repayment contracts,'' ``water service 
        contractor,'' ``water service contracts,'' ``exchange 
        contractor,'' ``exchange contracts,'' ``water rights settlement 
        contractor,'' ``water rights settlement contracts,'' ``refuge 
        contractor,'' and ``refuge contracts'' shall have the same 
        meanings respectively as each of those terms has in title XXXIV 
        of the Central Valley Project Improvement Act of 1992 (106 
        Stat. 4705).

SEC. 3. APPROVAL OF AGREEMENTS.

    Notwithstanding any other provision of law, unless otherwise 
specified herein, the Secretary is hereby directed to implement the 
terms and conditions of the Westlands and Northerly Districts 
Agreements.

SEC. 4. RELIEF FROM DRAINAGE OBLIGATION.

    The San Luis Act is amended as follows:
            (1) In the second sentence of section 1(a) strike the words 
        ``distribution systems, drains.''
            (2) In the sixth sentence of section 1(a), by inserting a 
        period following the phrase ``and the terms and conditions of 
        this Act'' and striking all that follows.
            (3) In section 5, by striking the first sentence and 
        inserting ``Notwithstanding any other provision of law, the 
        Secretary of the Interior shall have no duty to provide 
        drainage or drainage service to the San Luis Unit. Each 
        contractor within the San Luis Unit that receives water for the 
        purpose of irrigation shall be responsible for the management 
        of drainage water within its boundaries, in accordance with 
        Federal and California law consistent with the Agreement 
        between the United States and Westlands Water District August 
        2015, signed September 15, 2015, and Agreement dated _____ 
        between the Secretary and San Luis Water District, Panoche 
        Water District, and Pacheco Water District, respectively.''.
            (4) In the first sentence of section 8 by striking the 
        words ``other than distribution systems and drains.''
            (5) In the third sentence of section 8, strike everything 
        between the word ``required'' through and including ``(b)'' 
        inserting a period following the word ``unit.'' Strike the 
        remainder of the proviso in section 8.

SEC. 5. DRAINAGE IMPLEMENTATION.

    Upon enactment of this Act, and as provided in the Westlands 
Agreement and Northerly Districts Agreement, each San Luis Unit 
Contractor shall assume all legal responsibility for the management of 
drainage water within its boundaries, in accordance with Federal and 
California law; provided that the Westlands Water District shall not 
discharge drainage water outside of its boundaries.

SEC. 6. WATER DELIVERY CONTRACTS.

    (a) Contract Conversion.--The Secretary is directed to convert each 
San Luis Unit Contractor's existing long-term or interim renewal water 
service contract entered into under section 9(e) of the Act of August 
4, 1939 (53 Stat. 1196), to a repayment contract under sections 9(d) 
and 9(c)(1) of the Act of August 4, 1939 (53 Stat. 1195, 1194), 
consistent with the Westlands and Northerly Districts Agreements.
    (b) Allocation Decisions.--
            (1) Notwithstanding subsection (a) and as provided in the 
        Westlands and Northerly Districts Agreements, the Secretary 
        shall make allocation decisions in the Project consistent with 
        the requirements of all current or future enacted Federal law, 
        including, but not limited to the Endangered Species Act of 
        1973, Reclamation law, and all decisions of the California 
        State Water Resources Control Board establishing conditions on 
        applicable licenses and permits for the Central Valley Project.
            (2) Conversion of San Luis Unit Contractors' contracts in 
        subsection (a) shall not afford any San Luis Unit Contractor a 
        greater or lesser right to an annual allocation of Project 
        Water than that San Luis Unit Contractor had prior to the 
        conversion of its contract under this Act.
            (3) If there is a Condition of Shortage in the amount of 
        water available for delivery to the San Luis Unit Contractors 
        because of errors in physical operations of the Project, 
        drought, other physical causes beyond the control of the 
        Contracting Officer or actions taken by the Contracting Officer 
        to meet legal obligations no liability shall accrue against the 
        United States or any of its officers, agents or employees for 
        any damage, direct or indirect, arising therefrom.
    (c) Water Service Contract for Lemoore Naval Air Station.--
            (1) The Secretary is directed to enter into a contract 
        under section 9(e) of the Act of August 4, 1939 (53 Stat. 
        1196), with the Secretary of the Navy for the delivery of 
        Project Water, to the Lemoore Naval Air Station to meet the 
        irrigation needs of Lemoore Naval Air Station associated with 
        air operations.
            (2) The contract amount of Project Water made available to 
        the Lemoore Naval Air Station under this 9(e) contract entered 
        into pursuant to paragraph (1) shall be determined by the 
        Secretary through technical analysis with the Lemoore Naval Air 
        Station.
            (3) In any year in which there may occur a Condition of 
        Shortage in the amount of water available for delivery, the 
        Contracting Officer shall allocate the available Project Water 
        to Lemoore Naval Air Station according to the allocation steps 
        for municipal and industrial water service contractors under 
        the Central Valley Project Municipal and Industrial Water 
        Shortage Policy (Policy) in its form on the effective date of 
        the contract referenced in paragraph (1) for determining the 
        amount of Project Water available for delivery to Lemoore Naval 
        Air Station. For purposes of determining ``historical use'' 
        under the Policy, Reclamation shall consider past water use for 
        irrigation needs by the Lemoore Naval Air Station under the 
        contract authorized by this section, or such use previous to 
        the contract.

SEC. 7. REPAYMENT OBLIGATIONS.

    (a) Suspension of Capital Obligation.--Upon enactment of this Act, 
Westlands Water District's capital repayment obligation and payments 
under its existing water service contracts and the April 1, 1965, 
repayment contract between the United States and Westlands Water 
District (contract numbered 14-06-200-2020-A) as further defined in 
subsection (d), shall be suspended until the execution of the 9(d) 
repayment contract referenced in section 6, and upon execution of the 
9(d) repayment contract, Westlands Water District shall receive a 
credit against future operation and maintenance costs payable to the 
United States in the amount of the capital costs under the existing 
water service contracts and the 1965 Repayment Contract paid by 
Westlands Water District between the date of the Westlands Agreement 
and the date of enactment of this Act.
    (b) Credit.--Upon enactment of this Act, each Northerly San Luis 
Unit District's capital repayment obligation and payments under its 
existing water service contract shall be suspended until the execution 
of the respective 9(d) repayment contract referenced in section 6, and 
upon execution of the section 9(d) repayment contract, each Northerly 
San Luis Unit District shall receive a credit against future operation 
and maintenance costs payable to the United States in the amount of the 
capital costs under the existing water service contracts paid by that 
Northerly San Luis Unit District between the date of the Northerly 
Districts Agreements and the date of enactment of this Act.
    (c) Costs.--Costs incurred by the United States for purposes of re-
evaluating, planning, or providing drainage service to the San Luis 
Unit Contractors shall be non-reimbursable as set forth in paragraphs 
9(c)(iv) of the Westlands Agreement and in the Northerly Districts 
Agreement.
    (d) Relief of Capital Repayment Obligations.--
            (1) Upon the date of execution of the 9(d) repayment 
        contracts referenced in section 6(a), and as set forth in the 
        Westlands Agreement:
                    (A) Westlands Water District shall be relieved of 
                its capital repayment obligations under the June 5, 
                1963, water service contract between the United States 
                and Westlands Water District (contract number 14-06-
                200-495-A) providing for water service, or any renewals 
                thereof, and any water service contracts assigned to 
                Westlands Water District, Westlands Distribution 
                District No. 1, and Westlands Distribution District No. 
                2 existing as of the date of execution of the Westlands 
                Agreement.
                    (B) Westlands Water District shall be relieved of 
                any remaining repayment obligation under the April 1, 
                1965, repayment contract between the United States and 
                Westlands Water District (contract numbered 14-06-200-
                2020-A).
            (2) Upon the date of execution of the 9(d) repayment 
        contracts referenced in section 6(a) and as set for in the 
        Northerly Districts Agreement, each of the Northerly San Luis 
        Unit Districts shall be relieved of its capital repayment 
        obligations under its long-term or interim renewal water 
        service contracts or any renewals or conversions thereof 
        (Panoche Water District, contract number 14-06-200-7864A-IR4; 
        Pacheco Water District, contract number 6-07-20-W0469; and San 
        Luis Water District, contract number 14-06-200-7773A-IR4) 
        existing as of the date of execution of the Northerly Districts 
        Agreements.
            (3) Repayment relief granted in paragraphs (1) and (2) 
        shall not extend to the San Luis Unit Contractors' operation 
        and maintenance obligations, whether payable to the United 
        States or to an operating non-Federal entity, or to 
        construction costs or other capitalized costs not yet allocated 
        to or incurred by the San Luis Unit Contractors as of the date 
        of the Westlands Agreement or Northerly Districts Agreement, 
        respectively, including, but not limited to, costs attributable 
        to the Folsom Safety of Dams modifications or the B.F. Sisk 
        corrective action study or any Safety of Dams, or to the 
        repayment of future capital costs incurred after the date of 
        execution of the Westlands or Northerly Districts Agreements.
            (4) Central Valley Project construction costs or other 
        capitalized costs allocated to Westlands Water District after 
        the date of the Westlands Agreement, and properly assignable to 
        Westlands Water District, shall be repaid in not more than 5 
        years after notification of the allocation of such amount of 
        less than $5,000,000. If such amount is $5,000,000 or greater, 
        such cost shall be repaid as provided by applicable Reclamation 
        law. Central Valley Project construction costs or other 
        capitalized costs allocated to any of the Northerly San Luis 
        Unit Districts after the date of the Northerly District 
        Agreement shall be repaid as provided by applicable Reclamation 
        law. Any additional costs that may have been assigned to the 
        San Luis Unit Contractors pursuant to paragraph 9(c)(iv) of the 
        Westlands Agreement and in the Northerly Districts Agreement 
        respectively, related to the Central Valley Project final cost 
        allocation shall be non-reimbursable.
    (e) Applicability of Certain Provisions.--
            (1) Reclamation reform act.--Upon discharge of the capital 
        repayment obligation as provided in subsection (b), the 
        provisions of section 213 (a) and (b) of the Reclamation Reform 
        Act of 1982 (96 Stat. 1269) shall be deemed to apply to lands 
        in Westlands Water District and the Northerly San Luis Unit 
        Districts, and the ownership and full cost pricing limitations 
        in any provision of Federal reclamation law shall not apply to 
        lands in these Districts notwithstanding the subsequent 
        allocation of construction costs or other capitalized costs to 
        the Districts. These exemptions shall be carried out in 
        accordance with the process set forth in the Westlands 
        Agreement and Northerly Districts Agreement.
            (2) Other provisions.--Nothing in this Act is intended to 
        relieve the San Luis Unit Contractors of any other obligations 
        under Reclamation Law including Restoration Fund charges 
        pursuant to section 3407(d) of Public Law 102-575.
            (3) Financial assistance.--The Secretary is authorized to 
        provide financial assistance as specified in the Northerly 
        District Agreement. Funds expended by the Secretary, up to 
        $70,000,000, pursuant to the Northerly Districts Agreement 
        shall be non-reimbursable.

SEC. 8. TRANSFER OF TITLE TO CERTAIN FACILITIES.

    (a) In General.--Upon the execution of the section 9(d) repayment 
contract, or as soon thereafter as practicable, the Secretary shall 
transfer to Westlands Water District title to:
            (1) San Luis Canal System, excluding the main canal which 
        is integrated with the California Aqueduct. These appurtenant 
        features include:
                    (A) Internal water distribution system within 
                Westlands, including: Approximately 1,045 miles of 
                buried pipeline.
                    (B) Pumping plants within Westlands, including: San 
                Luis Canal Left and Right Bank pumping plants. Includes 
                but is not limited to Pumping Plants P1 through P38 
                located at the head end of the gravity laterals to 
                supply the head required for the ``P'' laterals. 
                Pumping Plants, tanks, reservoirs, re-lift pumping 
                plants to serve lands west of the San Luis Canal. 
                Pumping Plant 7.05 off Lateral 7.
                    (C) Related structures, appurtenances, pumping 
                plants, pumps, motors, meters, valves, tanks, 
                transformers and electrical equipment as specifically 
                identified through the title transfer process of 
                federally owned facilities, equipment, and real 
                property.
            (2) Mendota Pool diversion facilities operated by Westlands 
        Water District, including:
                    (A) Inlet Canal from the Fresno Slough.
                    (B) Pumping plants 6-1, 6-2, 7-1, 7-2.
                    (C) Related structures, appurtenances, pumps, 
                motors, meters, valves, tanks, transformers and 
                electrical equipment as specifically identified through 
                the title transfer process of federally owned 
                facilities, equipment, and real property.
            (3) Pleasant Valley System, including:
                    (A) Intake canal and pipeline.
                    (B) Pleasant Valley Pumping Plant.
                    (C) Coalinga Canal, including related check 
                structures, turnouts, and headworks.
                    (D) Pleasant Valley distribution system and pumping 
                plants along the Coalinga Canal.
                    (E) Related structures, appurtenances, pumps, 
                motors, meters, valves, tanks, transformers and 
                electrical equipment as specifically identified through 
                the title transfer process of federally owned 
                facilities, equipment, and real property.
            (4) Drainage collection system, including:
                    (A) Carrier and collector pipelines, sumps, and 
                sump pumps.
                    (B) San Luis Drain from Sta 6678+45 to Sta 
                8520+22.87 (Crossing with DMC to Laguna Ave crossing).
                    (C) Related structures, appurtenances, pumps, 
                motors, meters, valves, tanks, transformers and 
                electrical equipment as specifically identified through 
                the title transfer process of federally owned 
                facilities, equipment, and real property.
            (5) Tranquillity Field Office:
                    (A) Buildings at 32650 West Adams Avenue, 
                Tranquillity, CA 93668.
                    (B) All related fixtures and furnishings as 
                specifically identified through the title transfer 
                process of federally owned facilities, equipment, and 
                real property.
            (6) Huron Field Office:
                    (A) Buildings at 32450 South Lassen Avenue, Huron, 
                CA 93234.
                    (B) All related fixtures and furnishings as 
                specifically identified through the title transfer 
                process of federally owned facilities, equipment, and 
                real property.
            (7) All real property interests held by the United States 
        in lands underlying or otherwise associated with the facilities 
        and equipment listed in this subsection, including all fee 
        title, easements, and rights of way.
    (b) Demonstration Treatment Plant.--Upon execution of the section 
9(d) repayment contract with the Panoche Water District, or as soon 
thereafter as practicable, the Secretary shall transfer to Panoche 
Drainage District title to the San Luis Demonstration Treatment Plant 
situated within the San Joaquin River Improvement Project. Upon 
transfer of title, the Secretary shall have no further responsibility 
for the operations and maintenance of the San Luis Demonstration 
Treatment Plant.
    (c) San Luis Drain.--Upon the execution of the section 9(d) 
repayment contracts with the Northerly San Luis Unit Districts, or as 
soon thereafter as practicable, and subject to the policies and 
procedures referenced in subsection (g), the Secretary shall transfer 
to a willing entity or entities title to the portion of the San Luis 
Drain from Milepost 126.82 (crossing with Laguna Avenue) to Milepost 
78.5 (Mud Slough) upon such terms as the Secretary determines are 
appropriate. If no willing entity or entities are found to accept 
title, then the Secretary is authorized to maintain title to the 
facility for the purpose of conveying storm water and other waters and 
is authorized to transfer at a later date.
    (d) Transfer to the Northerly San Luis Unit Districts.--Upon the 
execution of the respective section 9(d) repayment contract with each 
Northerly San Luis Unit District, or as soon thereafter as practicable, 
and subject to the policies and procedures referenced in subsection 
(g), the Secretary shall transfer to such Northerly San Luis Unit 
District the United States' interest, if any, to their respective 
facilities as follows:
            (1) To the Pacheco Water District, all facilities owned by 
        the United States that are within and operated by the Pacheco 
        Water District, including but not limited to:
                    (A) San Luis Canal Left Bank turnouts and any 
                pumping plants operated by Pacheco Water District, 
                including but not limited to facilities at San Luis 
                Canal Milepost 89.66LA and 89.66LB.
                    (B) Related structures, appurtenances, pumping 
                plants, pumps, pipelines, motors, meters, valves, 
                tanks, transformers and electrical equipment as 
                specifically identified through the title transfer 
                process of federally owned facilities, equipment, and 
                real property covered by this paragraph.
            (2) To the Panoche Water District, all facilities owned by 
        the United States that are within and operated by the Panoche 
        Water District, including but not limited to:
                    (A) San Luis Canal Left and Right Bank turnouts and 
                any pumping plants operated by Panoche Water District, 
                including but not limited to facilities at San Luis 
                Canal Milepost 96.15L; 96.85L; 100.48L and 102.64L.
                    (B) Delta-Mendota Canal turnouts and any pumping 
                plants operated by Panoche Water District including but 
                not limited to facilities at Delta-Mendota Canal 
                Milepost 93.25R and MP 96.70R.
                    (C) Related structures, appurtenances, pumping 
                plants, pumps, pipelines, motors, meters, valves, 
                tanks, transformers and electrical equipment as 
                specifically identified through the title transfer 
                process of federally owned facilities, equipment, and 
                real property covered by this paragraph.
            (3) To the San Luis Water District, all facilities owned by 
        the United States that are within and operated by the San Luis 
        Water District, including but not limited to--
                    (A) all water conveyance and lateral systems, and 
                other related works for the furnishing of water and all 
                lands and interest in lands, any buildings, equipment 
                and machinery necessary for the operation and 
                maintenance of the water delivery facilities, pumping 
                plants, turnouts, including but not limited to San Luis 
                Water District pumping plants appurtenant to the Delta-
                Mendota Canal and the San Luis Canal, solely utilized 
                by the San Luis Water District, located at miles posts:
                            (i) D87.48R - Kaljian PP;
                            (ii) S075.49R - PP6, PP7;
                            (iii) S079.39R - PP8, PP9;
                            (iv) S082.10R - PP10, PP11;
                            (v) S092.16R (A-D) - PP3, Fittje, PP4, PP5; 
                        and
                            (vi) S101.70R - PP16, PP17; and
                    (B) related structures, appurtenances, pumping 
                plants, pumps, pipelines, motors, meters, valves, 
                tanks, transformers and electrical equipment as 
                specifically identified through the title transfer 
                process of federally owned facilities, equipment, and 
                real property associated with this subsection.
            (4) To the district receiving title to the associated 
        facilities and equipment, all real property interests held by 
        the United States in lands underlying or otherwise associated 
        with the facilities and equipment listed in this subsection, 
        including all fee title, easements, and rights of way.
    (e) Transfer of Title.--Except as specifically provided in this 
Act, any transfer of title to the Pleasant Valley Pumping Plant, the 
Coalinga Canal, and any associated facilities shall not relieve any 
other Project Water service or repayment contractor of the requirement 
to pay any allocated costs associated with those conveyance or pumping 
facilities that are properly allocated to those contractors under 
existing law and Project rate setting policies.
    (f) Condition of Transfer.--Upon transfer of title to any 
facilities pursuant to this section, the San Luis Unit Contractor(s) or 
other entity receiving title shall, as a condition to such transfer, 
formally agree that as of the date of transfer--
            (1) to hold the United States harmless and indemnify the 
        United States for any and all claims, cost, damages, and 
        judgments of any kind arising out of any act, omission, or 
        occurrence relating to the transferred facilities, except for 
        such claims, costs, damages arising from acts of negligence 
        committed by the United States or by its employees, agents, or 
        contractors, prior to the date of title transfer, for which the 
        United States is found liable under the Federal Tort Claims 
        Act; and
            (2) the United States shall have no responsibility for 
        correcting and financing any repairs or deficiencies that may 
        exist at the time of or following title transfer.
    (g) Applicable Law.--The Secretary shall transfer title pursuant to 
this section consistent with all applicable Reclamation policies and 
procedures. The Secretary and the San Luis Unit Contractor(s) or other 
entity acquiring title shall comply with all applicable requirements 
under Federal and California law before title to a facility is 
transferred pursuant to this section. The Secretary is authorized and 
directed to develop, no later than December 2019, and in consultation 
with districts adjacent to or seeking to use the Drain, a plan for 
remediation of any remaining sediment and for future use of the portion 
of the San Luis Drain described in subsection (c).

SEC. 9. COMPLIANCE WITH APPLICABLE LAW.

    In implementing the measures authorized by this Act, the Secretary 
shall comply with all applicable Federal laws, rules, and regulations, 
including 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.), as necessary.

SEC. 10. NO WATER SUPPLY OR FINANCIAL IMPACTS ON OTHER CENTRAL VALLEY 
              PROJECT CONTRACTORS.

    Implementation of this Act and the Agreements authorized thereunder 
shall not--
            (1) result in the involuntary reduction in the contract 
        water allocation to any Central Valley Project water service or 
        repayment contractor, water rights settlement contractor, 
        exchange contractor, or refuge contractor, including 
        contractors in the Friant Division of the Central Valley 
        Project;
            (2) modify, amend or affect any of the rights or 
        obligations of the parties to any Central Valley Project water 
        service or repayment contract, water rights settlement 
        contract, exchange contract, or refuge contract, including 
        contracts in the Friant Division of the Central Valley Project;
            (3) alter the repayment obligation, if any, of any Central 
        Valley Project--
                    (A) water service or repayment contractor;
                    (B) settlement, refuge, or exchange contractor; or
                    (C) preference power contractor receiving water or 
                power from the Central Valley Project, or shift any 
                costs to such contractors that would otherwise have 
                been properly assignable to San Luis Unit Contractors, 
                including operations and maintenance costs, 
                construction costs, or other capitalized costs 
                allocated to San Luis Unit Contractors after the date 
                of this Act;
            (4) impair the ability of the United States to implement 
        the Stipulation of Settlement approved by the district court in 
        Natural Resources Defense Council, et al. v. Rogers, et al. 
        (Case No. CIV S-88-1658 (LKK/GGH) E.D.Cal.), on October 23, 
        2006, as authorized to be implemented by title X of Public Law 
        111-11, including the Restoration Goal and Water Management 
        Goal; and
            (5) diminish, impair, or otherwise affect in any manner any 
        priorities for the allocation, delivery or use of water under 
        applicable law, including any purposes of use and priorities 
        established by sections 3402 and 3406 of the Central Valley 
        Project Improvement Act (Public Law 102-575; 106 Stat. 4706).

SEC. 11. RESTORATION FUND PAYMENTS BY WESTLANDS WATER DISTRICT.

    For any year in which the allocation of water for south-of-Delta 
Central Valley Project long-term water irrigation service contractors 
or irrigation repayment contractors is greater than 75 percent, the 
Secretary shall calculate for Westlands Water District a per acre foot 
Restoration Fund payment based on a projection that Westlands Water 
District would take delivery of the full allocation made to south-of-
Delta Central Valley Project long-term water service contractors or 
repayment contractors.
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