Protect Our Water Rights Act This bill requires the Bureau of Reclamation to modify the operation of water service contracts for the Central Valley Project (CVP) in California and the Klamath River Basin Reclamation Project in California and Oregon. Reclamation owns and operates the CVP, a federal water project consisting of a network of dams, reservoirs, and other facilities. CVP water is delivered to users that have contracts with Reclamation, but dry conditions have resulted in Reclamation reducing the water allocations for contracted water supplies. This bill requires Reclamation to allocate to existing agricultural water service contractors within the CVP's Sacramento River Watershed (1) 100% of the contracted amount of water in a wet or above normal year, (2) not less than 75% of the contracted amount in a below normal year, and (3) not less than 50% of the contracted amount in a dry or critically dry year. Reclamation must hold at least one in-person field hearing in each county where a CVP water service contractor is located in the period between the project's initial water allocation and final water allocation announcement. The bill modifies the share of operation and maintenance costs paid by CVP water service contractors. Reclamation must also operate the Klamath River Basin Reclamation Project, a similar federal water project, so that all of the water in Upper Klamath Lake above a certain elevation is solely for agricultural and refuge purposes. Reclamation must conduct these operations in a manner that maximizes water storage in the lake, to the extent practicable.
Impact
This bill is anticipated to significantly impact water management laws in California by establishing clearer guidelines for water allocations during different hydrological conditions. The requirement for the Bureau of Reclamation to hold in-person field hearings in each county where water service contractors are located is a notable addition intended to improve transparency and communication between the federal agency and local stakeholders. Overall, the changes could enhance water security for farmers reliant on the Central Valley Project, as dry conditions in previous years have resulted in reductions in allocations, threatening agricultural outputs.
Summary
House Bill 289, also known as the 'Protect Our Water Rights Act', proposes updates to the operational requirements of the Bureau of Reclamation regarding the Central Valley Project and the Klamath River Basin Reclamation Project. The bill aims to ensure that agricultural water service contractors within the Sacramento River Watershed receive a specified allocation of water based on varying annual conditions, which is particularly important in maintaining agricultural practices in the region. Under this legislation, contractors would receive guaranteed allocations of water, ensuring 100% in wet or above normal years and 50% during dry or critically dry years.
Contention
Some contentious points regarding HB 289 involve the balance of water rights across different stakeholders, including those with senior water rights in other parts of California. While the bill's proponents argue that it provides necessary protections for agricultural users during times of drought, critics might raise concerns about potential ramifications for municipal and environmental water supplies. The legislation also modifies the operational cost allocations between contractors and the Bureau, which involves financial implications that could lead to debates regarding equity among water users. These dynamics could provoke discussions about water equity and the future of agricultural policy in California.
Working to Advance Tangible and Effective Reforms for California Act or the WATER for California Act This bill addresses the operation of the Central Valley Project (CVP), a federal water project in California owned and operated by the Bureau of Reclamation, and the California State Water Project (SWP), which is operated jointly with the CVP. Specifically, the bill requires that Reclamation operate the CVP and SWP pursuant to a specified alternative to a proposed action in a final environmental impact statement and 2019 agency published Biological Opinions (BiOps). The bill also requires Reclamation and the Department of Commerce to submit a justification to Congress that meets certain requirements prior to requesting or completing a reinitiation of consultation that will result in new BiOps. This bill also requires Reclamation to allocate water to existing agricultural water service contractors within the CVP's Sacramento River Watershed based on the water year type (e.g., dry, wet). These allocations must not affect the United States' ability or obligations to deliver water under other designated contracts. Further, the bill repeals certain eligibility requirements for water infrastructure construction funding under the Infrastructure Investment and Jobs Act to make the Shasta Dam and Reservoir Enlargement Project in California eligible for funding. The bill also requires that Reclamation funds made available but not used for this project in previous appropriations years be made available to the project. Finally, the bill reauthorizes Reclamation's support for the construction or expansion of water storage projects.
Western Water Accelerated Revenue Repayment ActThis bill permanently authorizes a provision under the Water Infrastructure Improvements for the Nation (WIIN) Act that (1) allows certain water users (e.g., agriculture and municipal water users) in western states to prepay what they owe under contracts with the Bureau of Reclamation for delivering water through a lump sum payment or over a period of three years; and (2) requires a specified portion of the receipts generated from such prepayments be directed to the Reclamation Water Storage Account for the construction of water storage. Such prepayments do not alter certain requirements for the disposition of amounts that are directed by project-specific statutes in effect prior to the passage of the WIIN Act to accounts other than the General Reclamation Fund.
This bill modifies the Infrastructure Investment and Jobs Act to allow unobligated balances of amounts made available to the Bureau of Reclamation for western water infrastructure to be made available to Reclamation for FY2026-2031 to provide financial or technical assistance for (1) groundwater recharge projects, (2) aquifer storage and recovery projects, or (3) water source substitution for aquifer protection projects.