I
118THCONGRESS
1
STSESSION H. R. 215
To provide long-term water supply and regulatory reliability to drought-
stricken California, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY9, 2023
Mr. V
ALADAO(for himself, Mr. MCCARTHY, Mr. CALVERT, Mr. DUARTE, Mr.
M
IKEGARCIAof California, Mr. ISSA, Mr. KILEY, Mrs. KIMof Cali-
fornia, Mr. L
AMALFA, Mr. MCCLINTOCK, Mr. OBERNOLTE, and Mrs.
S
TEEL) introduced the following bill; which was referred to the Com-
mittee on Natural Resources
A BILL
To provide long-term water supply and regulatory reliability
to drought-stricken California, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Working to Advance 4
Tangible and Effective Reforms for California Act’’ or the 5
‘‘WATER for California Act’’. 6
SEC. 2. TABLE OF CONTENTS. 7
The table of contents for this Act is as follows: 8
Sec. 1. Short title.
Sec. 2. Table of contents.
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Sec. 3. Definitions.
TITLE I—CVP AND SWP OPERATIONS
Sec. 101. Operation of the CVP and SWP.
Sec. 102. Operations and reviews.
Sec. 103. Application of State laws.
Sec. 104. Reconsultation of NOAA Biological Opinion and FWS Biological
Opinion.
Sec. 105. Sunset.
Sec. 106. Consultation on coordinated operations.
TITLE II—ALLOCATIONS FOR SACRAMENTO VALLEY
CONTRACTORS
Sec. 201. Definitions.
Sec. 202. Allocations of water.
Sec. 203. Protection of refuge, municipal and industrial and other contractors.
Sec. 204. Other contractors.
TITLE III—INFRASTRUCTURE
Sec. 301. Shasta Reservoir enlargement project.
Sec. 302. Water supply plan; projects.
Sec. 303. Conservation fish hatcheries.
Sec. 304. Storage; duration.
Sec. 305. Shasta Dam enlargement.
TITLE IV—CVPIA ACTIONS
Sec. 401. CVPIA restoration actions.
SEC. 3. DEFINITIONS.
1
In this Act, the following definitions apply: 2
(1) CVP.—The term ‘‘CVP’’ means the Central 3
Valley Project. 4
(2) CVP
CONTRACTOR.—The term ‘‘CVP con-5
tractor’’ means any public water agency, water user 6
organization, or person that has entered into a con-7
tract with the United States for water service from 8
the CVP, whether in the form of a water service 9
contract, repayment contract, water rights settle-10
ment contract, exchange contract, or refuge con-11
tract. 12
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(3) FWS BIOLOGICAL OPINION .—The term 1
‘‘FWS Biological Opinion’’ means the United States 2
Fish and Wildlife Service ‘‘Biological Opinion for the 3
Reinitiation of Consultation on the Coordinated Op-4
erations of the Central Valley Project and State 5
Water Project’’ (Service File No. 08FBTD00–2019– 6
F–0164) signed on October 21, 2019. 7
(4) NOAA
BIOLOGICAL OPINION.—The term 8
‘‘NOAA Biological Opinion’’ means the National 9
Oceanic and Atmospheric Administration Fisheries 10
‘‘Biological Opinion on the Long-term Operation of 11
the Central Valley Project and the State Water 12
Project’’ (Consultation Tracking Number: WCRO– 13
2016–00069) signed on October 21, 2019. 14
(5) P
REFERRED ALTERNATIVE .—The term 15
‘‘Preferred Alternative’’ means the Alternative 1 16
(Preferred Alternative), as described in the Final 17
Environmental Impact Statement on the Reinitiation 18
of Consultation on the Coordinated Long-Term Op-19
eration of the Central Valley Project and the State 20
Water Project, issued by the Bureau of Reclamation, 21
and dated December 2019. 22
(6) SWP.—The term ‘‘SWP’’ means the Cali-23
fornia State Water Project. 24
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(7) SWP CONTRACTOR.—The term ‘‘SWP con-1
tractor’’ means a public agency that has entered into 2
a long-term water supply contract with the Cali-3
fornia Department of Water Resources for water 4
service from the SWP. 5
TITLE I—CVP AND SWP 6
OPERATIONS 7
SEC. 101. OPERATION OF THE CVP AND SWP. 8
(a) C
ONGRESSIONAL DIRECTIONREGARDINGCVP 9
ANDSWP OPERATIONS.—The CVP and the SWP shall 10
be operated in accordance with the Preferred Alternative 11
and FWS Biological Opinion and NOAA Biological Opin-12
ion. 13
(b) A
PPLICATION OFLAWS ANDREGULATIONS TO 14
O
THERS.—Operation of the CVP and SWP shall proceed 15
pursuant to subsection (a) except to the extent changes 16
to operations are undertaken pursuant to one or more 17
agreements, which are voluntarily entered into, approved, 18
and implemented by CVP contractors, for operations of 19
the CVP, and SWP contractors, for operations of the 20
SWP, with all applicable Federal departments and the 21
State of California, including any agency or board of the 22
State of California. 23
(c) C
OSTS.—No cost, including water supply, finan-24
cial, mitigation-related, or otherwise, associated with the 25
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implementation of any agreement under subsection (b) 1
shall be imposed by any Federal department or agency or 2
the State of California, including any agency or board of 3
the State of California, directly or indirectly on any CVP 4
contractor, SWP contractor, or any other person or entity, 5
unless such costs are incurred on a voluntary basis. 6
(d) E
NDANGERED SPECIESACT.—Notwithstanding 7
subsection (b), implementation of subsection (a) shall not 8
conflict with the FWS Biological Opinion and the NOAA 9
Biological Opinion. 10
(e) N
ATIVESPECIESPROTECTION.—The State of 11
California shall not impose any bag, catch, or size restric-12
tion or limit on the take or harvest of striped bass or any 13
species of black bass, including largemouth bass, 14
smallmouth bass, and spotted bass, that occupy the Sac-15
ramento-San Joaquin Rivers Delta or its tributaries. 16
SEC. 102. OPERATIONS AND REVIEWS. 17
In carrying out section 101(a), the Secretary of the 18
Interior and the Secretary of Commerce shall implement 19
their statutory authorities in a manner that improves 20
water supply reliability and enables the CVP and SWP 21
to provide the maximum quantity of water supplies prac-22
ticable to CVP agricultural, municipal, and industrial con-23
tractors, water service or repayment contractors, water 24
rights settlement contractors, exchange contractors, ref-25
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uge contractors, and SWP contractors, in accordance with 1
the Preferred Alternative, NOAA Biological Opinion, and 2
FWS Biological Opinion. 3
SEC. 103. APPLICATION OF STATE LAWS. 4
(a) R
EDUCEDWATERSUPPLY.—If, as a result of the 5
application of applicable State law or regulation, the State 6
of California (including any agency or board of the State 7
of California) alters operation of the SWP in a manner 8
that directly or indirectly results in reduced water supply 9
to the SWP as compared with the water supply available 10
under the Preferred Alternative, and as a result, CVP 11
yield is greater than it otherwise would have been under 12
the Preferred Alternative, then that additional yield shall 13
be made available to the SWP for delivery to SWP Con-14
tractors to offset that reduced water supply. If it is nec-15
essary to reduce water supplies for any authorized uses 16
of the CVP or CVP Contractors to make available to the 17
SWP that additional yield, such reductions shall be ap-18
plied proportionately to those authorized uses or CVP con-19
tractors that benefit from that increased yield. 20
(b) N
ORESTRICTION OF CERTAINWATER 21
R
IGHTS.—The State of California (including any agency 22
or board of the State of California) shall not restrict the 23
exercise of any water right obtained pursuant to State law, 24
including but not limited to a pre-1914 appropriative right 25
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or riparian right in order to offset any impact resulting 1
from the implementation of this title on any species af-2
fected by operations of the CVP or the SWP. 3
SEC. 104. RECONSULTATION OF NOAA BIOLOGICAL OPIN-4
ION AND FWS BIOLOGICAL OPINION. 5
(a) R
EQUIREMENT FOR RECONSULTATION.— 6
(1) R
EQUIREMENT.—Neither the Secretary of 7
the Interior, acting through the Commissioner of 8
Reclamation, nor the Secretary of Commerce or 9
their designees shall commence, complete, or request 10
reinitiation of consultation on the coordinated long- 11
term operation of the Central Valley Project and the 12
State Water Project that will result in changes to or 13
the replacement of the documents listed in para-14
graph (2) unless— 15
(A) more than 75 percent of California has 16
experienced 4 consecutive years of D3 or D4 17
level drought, as defined by the U.S. Drought 18
Monitor; 19
(B) the Commissioner of Reclamation iden-20
tifies one specific factor or combination of fac-21
tors under section 402.16 of title 50, Code of 22
Federal Regulations; and 23
(C) not fewer than 120 days before offi-24
cially commencing or requesting reinitiation, the 25
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Secretary of the Interior notifies the Committee 1
on Natural Resources of the House of Rep-2
resentatives and Committee on Energy and 3
Natural Resources of the Senate, in writing, 4
of— 5
(i) the intent to commence or request 6
reinitiation under this section; and 7
(ii) the detailed justification for the 8
identification of the specific factor or com-9
bination of factors under section 402.16 of 10
title 50, Code of Federal Regulations, that 11
was identified to satisfy the requirement in 12
subparagraph (B). 13
(2) D
OCUMENTS.—The documents referred to 14
in paragraph (1) are the following: 15
(A) The FWS Biological Opinion. 16
(B) The NOAA Biological Opinion. 17
(C) The Record of Decision for the Reiniti-18
ation of Consultation on the Coordinated Long- 19
Term Modified Operations of the Central Valley 20
Project and State Water Project, signed on 21
February 18, 2020. 22
(b) A
PPLICABLEPROCEDURES AND REVIEW.—For 23
the purposes of this Act, before reinitiating consultation 24
on the Long-Term Operation of the CVP and SWP, a re-25
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quest by the Secretary of the Interior, the Secretary of 1
the Commerce, or any other Federal employee, to reini-2
tiate consultation shall be made in writing and considered 3
a rule under section 551 of title 5, United States Code, 4
and subject to the requirements of sections 801 through 5
808 of that title. 6
(c) C
OOPERATION.—In implementing this section, the 7
Secretary of the Interior and the Secretary of Commerce 8
shall comply with requirements included in section 4004 9
of Public Law 114–322. 10
(d) E
XCLUSION.—Notwithstanding subsection (b), in 11
implementing this section, section 801(b)(2) of title 5, 12
United States Code, shall not apply. 13
SEC. 105. SUNSET. 14
Sections 101 through 104 shall have no force or ef-15
fect on and after the date that is 7 years after the date 16
of the enactment of this Act. 17
SEC. 106. CONSULTATION ON COORDINATED OPERATIONS. 18
The Water Infrastructure Improvements for the Na-19
tion Act (Public Law 114–322) is amended— 20
(1) in section 4004(a)— 21
(A) in paragraph (1), by inserting ‘‘or pro-22
posed action’’ after ‘‘biological assessment,’’; 23
(B) in paragraph (2), by inserting ‘‘or pro-24
posed action’’ after ‘‘biological assessment,’’; 25
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(C) by redesignating paragraphs (3) 1
through (6) as paragraphs (4) through (7), re-2
spectively; 3
(D) after paragraph (2), by inserting the 4
following new paragraph: 5
‘‘(3) receive a copy of the proposed action and 6
have the opportunity to review that document and 7
provide comment to the action agency, which com-8
ments shall be afforded due consideration during de-9
velopment;’’; and 10
(E) in paragraph (7), as redesignated by 11
subparagraph (C) of this paragraph— 12
(i) in the matter preceding subpara-13
graph (A), by inserting ‘‘action agency pro-14
poses a proposed action or’’ before ‘‘the 15
consulting agency’’; 16
(ii) in subparagraph (A), by inserting 17
‘‘proposed action or’’ before ‘‘alternative 18
will’’; and 19
(iii) in subparagraph (B), by striking 20
‘‘alternative actions’’ and insert ‘‘actions 21
or alternatives’’; and 22
(2) in section 4013, by deleting ‘‘section 4004, 23
which shall expire 10 years after the date of its en-24
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actment;’’ and inserting ‘‘section 4004, which shall 1
expire on December 16, 2033;’’. 2
TITLE II—ALLOCATIONS FOR 3
SACRAMENTO VALLEY CON-4
TRACTORS 5
SEC. 201. DEFINITIONS. 6
In this title, the following definitions apply: 7
(1) The term ‘‘existing CVP agricultural water 8
service or repayment contractor within the Sac-9
ramento River Watershed’’ means any water service 10
or repayment contractor within the Shasta, Trinity, 11
or Sacramento River division of the CVP that has 12
in effect a water service or repayment contract on 13
the date of enactment of this title that provides 14
water for irrigation. 15
(2) The terms ‘‘Above Normal’’, ‘‘Below Nor-16
mal’’, ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, 17
have the meanings given those terms in the Sac-18
ramento Valley Water Year Type (40–30–30) Index. 19
SEC. 202. ALLOCATIONS OF WATER. 20
Subject to section 203, and notwithstanding any 21
changes to operations of the CVP or SWP voluntarily 22
agreed to, approved, and implemented by CVP contrac-23
tors, the Secretary of the Interior shall make every reason-24
able effort in the operation of the CVP to allocate water 25
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provided for irrigation purposes to each existing CVP agri-1
cultural water service contractor within the Sacramento 2
River Watershed in accordance with the following: 3
(1) Not less than 100 percent of the contract 4
quantity of the existing CVP agricultural water serv-5
ice contractor within the Sacramento River Water-6
shed in a Wet year. 7
(2) Not less than 100 percent of the contract 8
quantity of the existing CVP agricultural water serv-9
ice contractor within the Sacramento River Water-10
shed in an Above Normal year. 11
(3) Not less than 100 percent of the contract 12
quantity of the existing CVP agricultural water serv-13
ice contractor within the Sacramento River Water-14
shed in a Below Normal year that is preceded by an 15
Above Normal or Wet year. 16
(4) Not less than 50 percent of the contract 17
quantity of the existing CVP agricultural water serv-18
ice contractor within the Sacramento River Water-19
shed in a Dry year that is preceded by a Below Nor-20
mal, Above Normal, or Wet year. 21
(5) In any other year not identified in any sub-22
sections (a) through (d), not less than twice the allo-23
cation percentage to south-of-Delta CVP agricultural 24
water service contractors, up to 100 percent. 25
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SEC. 203. PROTECTION OF REFUGE, MUNICIPAL AND IN-1
DUSTRIAL AND OTHER CONTRACTORS. 2
Nothing in section 202 shall— 3
(1) adversely affect any protections for the envi-4
ronment, including the obligation of the Secretary of 5
the Interior to make water available to managed 6
wetlands pursuant to section 3406(d) of the Central 7
Valley Project Improvement Act (title XXXIV of 8
Public Law 102–575; 106 Stat. 4722); 9
(2) adversely affect any obligation of the Sec-10
retary of the Interior or the Secretary of Commerce 11
under the FWS Biological Opinion or the NOAA Bi-12
ological Opinion; 13
(3) modify any provision of a water service con-14
tract that addresses municipal or industrial water 15
shortage policies of the Secretary of the Interior; 16
(4) affect or limit the authority of the Secretary 17
of the Interior to adopt or modify municipal and in-18
dustrial water shortage policies; 19
(5) constrain, govern, or affect, directly or indi-20
rectly, the operations of the American River division 21
of the CVP or any deliveries from that division or 22
a unit or facility of that division; or 23
(6) affect any allocation to a CVP municipal or 24
industrial water service contractor by increasing or 25
decreasing allocations to the contractor, as compared 26
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to the allocation the contractor would have received 1
absent section 202. 2
SEC. 204. OTHER CONTRACTORS. 3
Nothing in section 202 shall— 4
(1) affect the priority of any individual or entity 5
with a Sacramento River settlement contract over 6
water service or repayment contractors; 7
(2) affect the United States ability to deliver 8
water to the San Joaquin River exchange contrac-9
tors from the Sacramento River and the Delta via 10
the Delta-Mendota Canal or modify or amend the 11
rights and obligations under the Purchase Contract 12
between Miller and Lux and the United States and 13
the Second Amended Exchange Contract between 14
the United States, Department of the Interior, Bu-15
reau of Reclamation and Central California Irriga-16
tion District, San Luis Canal Company, Firebaugh 17
Canal Water District and Columbia Canal Company; 18
(3) affect the allocation of water to Friant divi-19
sion contractors of the CVP; 20
(4) result in the involuntary reduction in con-21
tract water allocations to individuals or entities with 22
contracts to receive water from the Friant division; 23
(5) result in the involuntary reduction in water 24
allocations to refuge contractors; or 25
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(6) authorize any actions inconsistent with 1
State water rights law. 2
TITLE III—INFRASTRUCTURE 3
SEC. 301. SHASTA RESERVOIR ENLARGEMENT PROJECT. 4
Section 40902(a)(2) of the Infrastructure Investment 5
and Jobs Act (Public Law 117–58) is amended— 6
(1) in subparagraph (B)— 7
(A) in the matter preceding clause (i), by 8
striking ‘‘this Act, except for any project for 9
which—’’ and inserting ‘‘this Act; or’’; and 10
(B) by striking clauses (i) and (ii); and 11
(2) in subparagraph (C), by striking ‘‘(except 12
that projects described in clauses (i) and (ii) of sub-13
paragraph (B) shall not be eligible)’’. 14
SEC. 302. WATER SUPPLY PLAN; PROJECTS. 15
(a) P
LAN.—Not later than 180 days after the date 16
of the enactment of this Act, the Commissioner of Rec-17
lamation shall develop a water deficit report, which shall 18
identify— 19
(1) projected water supply shortages in the 20
State of California for irrigation water service, mu-21
nicipal and industrial water service, water supply for 22
wildlife refuges supplied by the CVP or the SWP; 23
and 24
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(2) infrastructure projects or actions which, if 1
taken, would— 2
(A) significantly reduce or eliminate the 3
projected water supply shortage; or 4
(B) fulfill water allocations consistent with 5
agricultural, municipal and industrial contrac-6
tors, water service or repayment contractors, 7
water rights settlement contractors, exchange 8
contractors, and SWP contractors with water 9
delivery contractors on the CVP and SWP. 10
(b) R
EPORT TOCONGRESS.—The Commissioner of 11
Reclamation shall provide a report described in subsection 12
(a) to the House Committee on Natural Resources and 13
the Senate Committee on Energy and Natural Resources 14
upon its completion. 15
SEC. 303. CONSERVATION FISH HATCHERIES. 16
Section 4010(b)(5) of the Water Infrastructure Im-17
provements for the Nation Act (Public Law 114–322) is 18
amended by adding at the end the following: 19
‘‘(D) S
EMI-ANNUAL REPORT .—The Sec-20
retary of the Interior and the Secretary of 21
Commerce shall submit to the Committee on 22
Natural Resources of the House of Representa-23
tives and Committee on Energy and Natural 24
Resources of the Senate semi-annual reports 25
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that detail activities carried out under this 1
paragraph.’’. 2
SEC. 304. STORAGE; DURATION. 3
(a) S
TORAGE.—Section 4007 of the Water Infra-4
structure Improvements for the Nation Act (Public Law 5
114–322) is amended— 6
(1) in subsection (b)(1), by striking ‘‘or any 7
public agency organized pursuant to State law’’ and 8
inserting ‘‘any public agency organized pursuant to 9
State law, or any stakeholder’’; and 10
(2) in subsection (i), by striking ‘‘January 1, 11
2021’’ and inserting ‘‘January 1, 2028’’. 12
(b) D
URATION.—Section 4013 of the Water Infra-13
structure Improvements for the Nation Act (Public Law 14
114–322) is amended— 15
(1) in paragraph (1), by striking ‘‘and’’; 16
(2) by redesignating paragraph (2) as para-17
graph (3); and 18
(3) by inserting after paragraph (1) the fol-19
lowing: 20
‘‘(2) section 4007, which (except as provided in 21
paragraph (3)), shall expire on December 31, 2028; 22
and’’. 23
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SEC. 305. SHASTA DAM ENLARGEMENT. 1
(a) F
UNDING.—In accordance with section 4007 of 2
the Water Infrastructure Improvements for the Nation 3
Act (Public Law 114–322), and as recommended by the 4
Secretary in letters dated February 13, 2019; June 22, 5
2020; and December 3, 2020; funds made available in the 6
Water and Related Resources account for the Bureau Rec-7
lamation in Acts of appropriation for fiscal years 2017, 8
2018, 2019, 2020, and 2021 shall be made available to 9
the Shasta Dam and Reservoir Enlargement Project. 10
(b) C
LARIFICATION.—No provision of State law shall 11
preclude or otherwise prevent any public water agency, in-12
cluding a public agency of the State, that contracts for 13
the delivery of CVP water from assisting or cooperating 14
with, whether by loan, grant, license, or otherwise, the 15
planning and construction of any project undertaken by 16
the Bureau of Reclamation to enlarge Shasta Dam. 17
TITLE IV—CVPIA ACTIONS 18
SEC. 401. CVPIA RESTORATION ACTIONS. 19
(a) R
EFUGEWATERSUPPLYPROGRAM.—Not later 20
than two years after the date of enactment of this Act, 21
the Secretary of the Interior shall complete the refuge 22
water supply program under section 3406(d) of the Cen-23
tral Valley Project Improvement Act (title XXXIV of Pub-24
lic Law 102–575; 106 Stat. 4722) and shall, within that 25
two-year period, give priority to completing the refuge 26
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water supply program when making funding decisions 1
from the Central Valley Project Restoration Fund estab-2
lished under section 3407 of the Central Valley Project 3
Improvement Act (106 Stat. 4726), the Infrastructure In-4
vestment and Jobs Act (Public Law 117–25), the Land 5
and Water Conservation Fund Act (Public Law 88–578), 6
and other sources of funding. 7
(b) R
ESTORATIONACTIONSDEEMEDCOMPLETE.— 8
Upon completion of the refuge water supply program pur-9
suant to subsection (a), or September 30, 2025, whichever 10
occurs first, the Secretary of the Interior shall deem com-11
plete the fish, wildlife, and habitat mitigation and restora-12
tion actions mandated under section 3406 of the Central 13
Valley Project Improvement Act (title XXXIV of Public 14
Law 102–575; 106 Stat. 4714). 15
Æ
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