,,ii ,calendar ,no4 #cjf #aacth ,,congress #b;d ,session ,h4 ,r4 #cifd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #f1 #bjad,received2 read the first time ,february #aj1 #bjad,read the second time and placed on the calendar ,,an ,,act ,to address certain water-related concerns in the ,sacramento-,san ,joaquin ,valley1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,sacramento-,san ,joaquin ,valley ,emergency ,water ,delivery ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,central ,valley ,project ,water ,reliability ,sec4 #aja4 ,amendment to purposes4 ,sec4 #ajb4 ,amendment to definition4 ,sec4 #ajc4 ,contracts4 ,sec4 #ajd4 ,water transfers1 improved water management1 and conservation4 ,sec4 #aje4 ,fish1 wildlife1 and habitat restoration4 ,sec4 #ajf4 ,restoration fund4 ,sec4 #ajg4 ,additional authorities4 ,sec4 #ajh4 ,bay-,delta ,accord4 ,sec4 #aji4 ,natural and artificially spawned species4 ,sec4 #aaj4 ,authorized service area4 ,sec4 #aaa4 ,regulatory streamlining4 ,sec4 #aab4 ,warren ,act contracts4 ,sec4 #aac4 ,additional ,warren ,act contracts4 ,sec4 #aad4 ,pilot ,program to ,protect ,native ,anadromous ,fish in the ,stanislaus ,river4 ,sec4 #aae4 ,san ,luis ,reservoir4 ,title ,,ii--,san ,joaquin ,river restoration ,sec4 #bja4 ,repeal of the ,san ,joaquin ,river settlement4 ,sec4 #bjb4 ,purpose4 ,sec4 #bjc4 ,definitions4 ,sec4 #bjd4 ,implementation of restoration4 ,sec4 #bje4 ,disposal of property2 title to facilities4 ,sec4 #bjf4 ,compliance with applicable law4 ,sec4 #bjg4 ,compliance with ,central ,valley ,project ,improvement ,act4 ,sec4 #bjh4 ,no private right of action4 ,sec4 #bji4 ,implementation4 ,sec4 #baj4 ,repayment contracts and acceleration of repayment of construction costs4 ,sec4 #baa4 ,repeal4 ,sec4 #bab4 ,water supply mitigation4 ,sec4 #bac4 ,additional ,authorities4 ,title ,,iii--,repayment contracts and acceleration of repayment of construction costs ,sec4 #cja4 ,repayment contracts and acceleration of repayment of construction costs4 ,title ,,iv--,bay-,delta ,watershed water rights preservation and protection ,sec4 #dja4 ,water rights and area-of-origin protections4 ,sec4 #djb4 ,sacramento ,river settlement contracts4 ,sec4 #djc4 ,sacramento ,river ,watershed ,water ,service ,contractors4 ,sec4 #djd4 ,no redirected adverse impacts4 ,title ,v--,miscellaneous ,sec4 #eja4 ,precedent4 ,sec4 #ejb4 ,no effect on ,proclamation of ,state of ,emergency4 ,sec4 #ejc4 ,wild and ,scenic ,rivers ,act4 ,sec4 #ejd4 ,fisheries disaster declaration4 ,i ,central ,valley ,project ,water ,reliability #aja4 ,amendment to purposes ,section #cdjb of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjf7 is amended-- 7#a7 in subsection 7f71 by striking the period at the end2 and 7#b7 by adding at the end the following3 7g7 to ensure that water dedicated to fish and wildlife purposes by this title is replaced and provided to ,central ,valley ,project water contractors by ,december #ca1 #bjah1 at the lowest cost reasonably achievable2 and 7h7 to facilitate and expedite water transfers in accordance with this ,act4 4 #ajb4 ,amendment to definition ,section #cdjc of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjg7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 the term anadromous fish means those native stocks of salmon 7including steelhead7 and sturgeon that1 as of ,october #cj1 #aiib1 were present in the ,sacramento and ,san ,joaquin ,rivers and their tributaries and ascend those rivers and their tributaries to reproduce after maturing in ,san ,francisco ,bay or the ,pacific ,ocean2 2 7#b7 in subsection 7l71 by striking and1 7#c7 in subsection 7m71 by striking the period and inserting 2 and1 and 7#d7 by adding at the end the following3 7n7 the term reasonable flows means water flows capable of being maintained taking into account competing consumptive uses of water and economic1 environmental1 and social factors4 4 #ajc4 ,contracts ,section #cdjd of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjh7 is amended-- 7#a7 in the heading1 by striking ,limitation on contracting and contract reform and inserting ,contracts2 and 7#b7 by striking the language of the section and by adding3 7a7 ,renewal of existing long-,term contracts ,upon request of the contractor1 the ,secretary shall renew any existing long-term repayment or water service contract that provides for the delivery of water from the ,central ,valley ,project for a period of #dj years4 7b7 ,administration of ,contracts ,except as expressly provided by this ,act1 any existing long-term repayment or water service contract for the delivery of water from the ,central ,valley ,project shall be administered pursuant to the ,act of ,july #b1 #aief 7#gj ,stat4 #dhc74 7c7 ,delivery charge ,beginning on the date of the enactment of this ,act1 a contract entered into or renewed pursuant to this section shall include a provision that requires the ,secretary to charge the other party to such contract only for water actually delivered by the ,secretary4 4 #ajd4 ,water transfers1 improved water management1 and conservation ,section #cdje of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgji7 is amended as follows3 7#a7 ,in subsection 7a7-- 7,a7 by inserting before ,except as provided herein the following3 ,the ,secretary shall take all necessary actions to facilitate and expedite transfers of ,central ,valley ,project water in accordance with this ,act or any other provision of ,federal reclamation law and the ,national ,environmental ,policy ,act of #aifi42 7,b7 in paragraph 7#a77;,a71 by striking to combination and inserting or combination2 7,c7 in paragraph 7#b71 by adding at the end the following3 7,e7 ,the contracting district from which the water is coming1 the agency1 or the ,secretary shall determine if a written transfer proposal is complete within #de days after the date of submission of such proposal4 ,if such district or agency or the ,secretary determines that such proposal is incomplete1 such district or agency or the ,secretary shall state with specificity what must be added to or revised in order for such proposal to be complete4 7,f7 ,except as provided in this section1 the ,secretary shall not impose mitigation or other requirements on a proposed transfer1 but the contracting district from which the water is coming or the agency shall retain all authority under ,state law to approve or condition a proposed transfer4 2 and 7,d7 by adding at the end the following3 7#d7 ,notwithstanding any other provision of ,federal reclamation law-- 7,a7 the authority to make transfers or exchanges of1 or banking or recharge arrangements using1 ,central ,valley ,project water that could have been conducted before ,october #cj1 #aiib1 is valid1 and such transfers1 exchanges1 or arrangements shall not be subject to1 limited1 or conditioned by this title2 and 7,b7 this title shall not supersede or revoke the authority to transfer1 exchange1 bank1 or recharge ,central ,valley ,project water that existed prior to ,october #cj1 #aiib4 4 7#b7 ,in subsection 7b7-- 7,a7 in the heading1 by striking ,,metering and inserting ,,measurement2 and 7,b7 by inserting after the first sentence the following3 ,the contracting district or agency1 not including contracting districts serving multiple agencies with separate governing boards1 shall ensure that all contractor-owned water delivery systems within its boundaries measure surface water at the district or agency's facilities up to the point the surface water is commingled with other water supplies44 7#c7 ,by striking subsection 7d74 7#d7 ,by redesignating subsections 7e7 and 7f7 as subsections 7d7 and 7e71 respectively4 7#e7 ,by amending subsection 7e77as redesignated by paragraph 7#d77-- 7,a7 by striking as a result of the increased repayment and inserting that exceed the cost-of-service2 7,b7 by inserting the delivery of after rates applicable to2 and 7,c7 by striking 1 and all increased revenues received by the ,secretary as a result of the increased water prices established under subsection #cdje7;d7 of this section14 #aje4 ,fish1 wildlife1 and habitat restoration ,section #cdjf of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgad7 is amended as follows3 7#a7 ,in subsection 7b7-- 7,a7 in paragraph 7#a77;,b7-- 7i7 by striking is authorized and directed to and inserting may2 7ii7 by inserting reasonable water after to provide2 7iii7 by striking anadromous fish1 except that such and inserting anadromous fish4 ,such2 7iv7 by striking ,instream flow and inserting ,reasonable instream flow2 7v7 by inserting and the ,national ,marine ,fisheries ,service after ,united ,states ,fish and ,wildlife ,service2 and 7vi7 by striking ,california ,department of ,fish and ,game and inserting ,united ,states ,geological ,survey2 7,b7 in paragraph 7#b7-- 7i7 by striking primary purpose and inserting purposes2 7ii7 by striking but not limited to before additional obligations2 and 7iii7 by adding after the period the following3 ,all ,central ,valley ,project water used for the purposes specified in this paragraph shall be credited to the quantity of ,central ,valley ,project yield dedicated and managed under this paragraph by determining how the dedication and management of such water would affect the delivery capability of the ,central ,valley ,project during the #aibh to #aicd drought period after fishery1 water quality1 and other flow and operational requirements imposed by terms and conditions existing in licenses1 permits1 and other agreements pertaining to the ,central ,valley ,project under applicable ,state or ,federal law existing on ,october #cj1 #aiib1 have been met4 ,to the fullest extent possible and in accordance with section #cdaa1 ,central ,valley ,project water dedicated and managed pursuant to this paragraph shall be reused to fulfill the ,secretary's remaining contractual obligations to provide ,central ,valley ,project water for agricultural or municipal and industrial purposes42 7,c7 by amending paragraph 7#b77;,c7 to read3 7,c7 ,if by ,march #aeth of any year the quantity of ,central ,valley ,project water forecasted to be made available to water service or repayment contractors in the ,delta ,division of the ,central ,valley ,project is below #ge percent of the total quantity of water to be made available under said contracts1 the quantity of ,central ,valley ,project yield dedicated and managed for that year under this paragraph shall be reduced by #be percent4 4 7#b7 ,by adding at the end the following3 7i7 ,satisfaction of purposes ,by pursuing the activities described in this section1 the ,secretary shall be deemed to have met the mitigation1 protection1 restoration1 and enhancement purposes of this title4 4 #ajf4 ,restoration fund 7a7 ,in general ,section #cdjg7;a7 of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgbf7 is amended as follows3 7#a7 ,by inserting 7#a7 ,in ,general4-- before ,there is hereby4 7#b7 ,by striking ,not less than #fg percent and all that follows through ,monies and inserting ,monies4 7#c7 ,by adding at the end the following3 7#b7 ,prohibitions ,the ,secretary may not directly or indirectly require a donation or other payment to the ,restoration ,fund-- 7,a7 or environmental restoration or mitigation fees not otherwise provided by law1 as a condition to-- 7i7 providing for the storage or conveyance of non-,central ,valley ,project water pursuant to ,federal reclamation laws2 or 7ii7 the delivery of water pursuant to section #bae of the ,reclamation ,reform ,act of #aihb 7,public ,law #ig-bic2 #if ,stat4 #abgj72 or 7,b7 for any water that is delivered with the sole intent of groundwater recharge4 4 7b7 ,certain payments ,section #cdjg7;c77#a7 of the ,central ,valley ,project ,improvement ,act is amended-- 7#a7 by striking mitigation and restoration2 7#b7 by striking provided for or2 and 7#c7 by striking of fish1 wildlife and all that follows through the period and inserting of carrying out all activities described in this title44 7c7 ,adjustment and ,assessment of ,mitigation and ,restoration ,payments ,section #cdjg7;d77#b7 of the ,central ,valley ,project ,improvement ,act is amended by inserting 1 or after ,october #a1 #bjae1 #d per megawatt-hour for ,central ,valley ,project power sold to power contractors 7,october #bjae price levels7 after #ab per acre-foot 7,october #aiib price levels7 for municipal and industrial water sold and delivered by the ,central ,valley ,project4 7d7 ,completion of actions ,section #cdjg7;d77#b77;,a7 of the ,central ,valley ,project ,improvement ,act is amended by inserting no later than ,december #ca1 #bjbj1 after ,that upon the completion of the fish1 wildlife1 and habitat mitigation and restoration actions mandated under section #cdjf of this title14 7e7 ,report2 advisory board ,section #cdjg of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgad7 is amended by adding at the end the following3 7g7 ,report on expenditure of funds ,at the end of each fiscal year1 the ,secretary1 in consultation with the ,restoration ,fund ,advisory ,board1 shall submit to ,congress a plan for the expenditure of all of the funds deposited into the ,restoration ,fund during the preceding fiscal year4 ,such plan shall contain a cost-effectiveness analysis of each expenditure4 7h7 ,advisory board 7#a7 ,establishment ,there is hereby established the ,restoration ,fund ,advisory ,board 7hereinafter in this section referred to as the ,advisory ,board7 composed of #ab members selected by the ,secretary1 each for four-year terms1 one of whom shall be designated by the ,secretary as ,chairman4 ,the members shall be selected so as to represent the various ,central ,valley ,project stakeholders1 four of whom shall be from ,,cvp agricultural users1 three from ,,cvp municipal and industrial users1 three from ,,cvp power contractors1 and two at the discretion of the ,secretary4 ,the ,secretary and the ,secretary of ,commerce may each designate a representative to act as an observer of the ,advisory ,board4 7#b7 ,duties ,the duties of the ,advisory ,board are as follows3 7,a7 ,to meet at least semiannually to develop and make recommendations to the ,secretary regarding priorities and spending levels on projects and programs carried out pursuant to the ,central ,valley ,project ,improvement ,act4 7,b7 ,to ensure that any advice or recommendation made by the ,advisory ,board to the ,secretary reflect the independent judgment of the ,advisory ,board4 7,c7 ,not later than ,december #ca1 #bjae1 and annually thereafter1 to transmit to the ,secretary and ,congress recommendations required under subparagraph 7,a74 7,d7 ,not later than ,december #ca1 #bjae1 and biennially thereafter1 to transmit to ,congress a report that details the progress made in achieving the actions mandated under section #cdjf of this title4 7#c7 ,administration ,with the consent of the appropriate agency head1 the ,advisory ,board may use the facilities and services of any ,federal agency4 4 #ajg4 ,additional authorities 7a7 ,authority for certain activities ,section #cdjh7;c7 of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgbh7 is amended to read as follows3 7c7 ,contracts for additional storage and delivery of water 7#a7 ,in general ,the ,secretary is authorized to enter into contracts pursuant to ,federal reclamation law and this title with any ,federal agency1 ,california water user or water agency1 ,state agency1 or private organization for the exchange1 impoundment1 storage1 carriage1 and delivery of nonproject water for domestic1 municipal1 industrial1 fish and wildlife1 and any other beneficial purpose4 7#b7 ,limitation ,nothing in this subsection shall be deemed to supersede the provisions of section #ajc of ,public ,law #ii-edf 7#ajj ,stat4 #cjea74 7#c7 ,authority for certain activities ,the ,secretary shall use the authority granted by this subsection in connection with requests to exchange1 impound1 store1 carry1 or deliver nonproject water using ,central ,valley ,project facilities for any beneficial purpose4 7#d7 ,rates ,the ,secretary shall develop rates not to exceed the amount required to recover the reasonable costs incurred by the ,secretary in connection with a beneficial purpose under this subsection4 ,such rates shall be charged to a party using ,central ,valley ,project facilities for such purpose4 ,such costs shall not include any donation or other payment to the ,restoration ,fund4 7#e7 ,construction ,this subsection shall be construed and implemented to facilitate and encourage the use of ,central ,valley ,project facilities to exchange1 impound1 store1 carry1 or deliver nonproject water for any beneficial purpose4 4 7b7 ,reporting requirements ,section #cdjh7;f7 of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgbi7 is amended-- 7#a7 by striking ,interior and ,insular ,affairs and the ,committee on ,merchant ,marine and ,fisheries and inserting ,natural ,resources2 7#b7 in the second sentence1 by inserting before the period at the end the following3 1 including progress on the plan required by subsection 7j72 and 7#c7 by adding at the end the following3 ,the filing and adequacy of such report shall be personally certified to the ,committees referenced above by the ,regional ,director of the ,mid-,pacific ,region of the ,bureau of ,reclamation44 7c7 ,project yield increase ,section #cdjh7;j7 of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgcj7 is amended as follows3 7#a7 ,by redesignating paragraphs 7#a7 through 7#g7 as subparagraphs 7,a7 through 7,g71 respectively4 7#b7 ,by striking ,in order to minimize adverse effects1 if any1 upon and inserting 7#a7 ,in general4--,in order to minimize adverse effects upon4 7#c7 ,by striking needs1 the ,secretary1 and all that follows through submit to the ,congress1 a and inserting needs1 the ,secretary1 on a priority basis and not later than ,september #cj1 #bjae1 shall submit to ,congress a4 7#d7 ,by striking increase1 and all that follows through options3 and inserting increase1 as soon as possible but not later than ,september #cj1 #bjah 7except for the construction of new facilities which shall not be limited by that deadline71 the water of the ,central ,valley ,project by the amount dedicated and managed for fish and wildlife purposes under this title and otherwise required to meet the purposes of the ,central ,valley ,project including satisfying contractual obligations4 ,the plan required by this subsection shall include recommendations on appropriate cost-sharing arrangements and authorizing legislation or other measures needed to implement the intent1 purposes1 and provisions of this subsection and a description of how the ,secretary intends to use the following options--4 7#e7 ,in subparagraph 7,a71 by inserting and construction of new water storage facilities before the semicolon4 7#f7 ,in subparagraph 7,f71 by striking and at the end4 7#g7 ,in subparagraph 7,g71 by striking the period and all that follows through the end of the subsection and inserting 2 and4 7#h7 ,by inserting after subparagraph 7,g7 the following3 7,h7 ,water banking and recharge4 4 7#i7 ,by adding at the end the following3 7#b7 ,implementation of plan ,the ,secretary shall implement the plan required by paragraph 7#a7 commencing on ,october #a1 #bjae4 ,in order to carry out this subsection1 the ,secretary shall coordinate with the ,state of ,california in implementing measures for the long-term resolution of problems in the ,san ,francisco ,bay_/,sacramento-,san ,joaquin ,delta ,estuary4 7#c7 ,failure of the plan ,notwithstanding any other provision of ,federal reclamation law1 if by ,september #cj1 #bjah1 the plan required by paragraph 7#a7 fails to increase the annual delivery capability of the ,central ,valley ,project by #hjj1jjj acre-feet1 implementation of any non-mandatory action under section #cdjf7;b77#b7 shall be suspended until the plan achieves an increase in the annual delivery capability of the ,central ,valley ,project by #hjj1jjj acre-feet4 4 7d7 ,technical correction ,section #cdjh7;h7 of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgbi7 is amended-- 7#a7 in paragraph 7#a71 by striking paragraph 7h77#b7 and inserting paragraph 7#b72 and 7#b7 in paragraph 7#b71 by striking paragraph 7h77i7 and inserting paragraph 7#a74 7e7 ,water storage project construction ,the ,secretary1 acting through the ,commissioner of the ,bureau of ,reclamation1 may partner or enter into an agreement on the water storage projects identified in section #ajc7;d77#a7 of the ,water ,supply ,reliability1 and ,environmental ,improvement ,act 7,public ,law #ajh-cfa77;and ,acts supplemental and amendatory to the ,act7 with local joint powers authorities formed pursuant to ,state law by irrigation districts and other local water districts and local governments within the applicable hydrologic region1 to advance these projects4 ,no additional ,federal funds are authorized for the activities authorized in sections #ajc7;d77#a77;,a77i71 #ajc7;d77#a77;,a77ii71 and #ajc7;d77#a77;,a77iii7 of ,public ,law #ajh-cfa4 ,however1 each water storage project under sections #ajc7;d77#a77;,a77i71 #ajc7;d77#a77;,a77ii71 and #ajc7;d77#a77;,a77iii7 of ,public ,law #ajh-cfa is authorized for construction if non-,federal funds are used for financing and constructing the project4 #ajh4 ,bay-,delta ,accord 7a7 ,congressional direction regarding central valley project and ,california state water project operations ,the ,central ,valley ,project and the ,state ,water ,project shall be operated pursuant to the water quality standards and operational constraints described in the ,principles for ,agreement on the ,bay-,delta ,standards ,between the ,state of ,california and the ,federal ,government dated ,december #ae1 #aiid1 and such operations shall proceed without regard to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or any other law pertaining to the operation of the ,central ,valley ,project and the ,california ,state ,water ,project4 ,implementation of this section shall be in strict conformance with the ,principles for ,agreement on the ,bay-,delta ,standards ,between the ,state of ,california and the ,federal ,government dated ,december #ae1 #aiid4 7b7 ,application of laws to others ,neither a ,federal department nor the ,state of ,california1 including any agency or board of the ,state of ,california1 shall impose on any water right obtained pursuant to ,state law1 including a pre-#aiad appropriative right1 any condition that restricts the exercise of that water right in order to conserve1 enhance1 recover or otherwise protect any species that is affected by operations of the ,central ,valley ,project or ,california ,state ,water ,project4 ,nor shall the ,state of ,california1 including any agency or board of the ,state of ,california1 restrict the exercise of any water right obtained pursuant to ,state law1 including a pre-#aiad appropriative right1 in order to protect1 enhance1 or restore under the ,public ,trust ,doctrine any public trust value4 ,implementation of the ,principles for ,agreement on the ,bay-,delta ,standards ,between the ,state of ,california and the ,federal ,government dated ,december #ae1 #aiid1 shall be in strict compliance with the water rights priority system and statutory protections for areas of origin4 7c7 ,costs ,no cost associated with the implementation of this section shall be imposed directly or indirectly on any ,central ,valley ,project contractor1 or any other person or entity1 unless such costs are incurred on a voluntary basis4 7d7 ,native species protection ,california law is preempted with respect to any restriction on the quantity or size of nonnative fish taken or harvested that preys upon one or more native fish species that occupy the ,sacramento and ,san ,joaquin ,rivers and their tributaries or the ,sacramento-,san ,joaquin ,rivers ,delta4 #aji4 ,natural and artificially spawned species ,after the date of the enactment of this title1 and regardless of the date of listing1 the ,secretaries of the ,interior and ,commerce shall not distinguish between natural-spawned and hatchery-spawned or otherwise artificially propagated strains of a species in making any determination under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 that relates to any anadromous fish species present in the ,sacramento and ,san ,joaquin ,rivers or their tributaries and ascend those rivers and their tributaries to reproduce after maturing in ,san ,francisco ,bay or the ,pacific ,ocean4 #aaj4 ,authorized service area ,the authorized service area of the ,central ,valley ,project shall include the area within the boundaries of the ,kettleman ,city ,community ,services ,district1 ,california1 as those boundaries exist on the date of the enactment of this title4 ,notwithstanding the provisions of the ,act of ,october #cj1 #aiib 7,public ,law #ajb-ege1 #ajf ,stat4 #dfjj et seq471 upon enactment of this title1 the ,secretary is authorized and directed to enter into a long-term contract in accordance with the reclamation laws with the ,kettleman ,city ,community ,services ,district1 ,california1 for the delivery of up to #ijj acre-feet of ,central ,valley ,project water for municipal and industrial use4 ,the ,secretary may temporarily reduce deliveries of the quantity of water made available pursuant to up to #be percent of such total whenever reductions due to hydrologic circumstances are imposed upon agricultural deliveries of ,central ,valley ,project water4 ,if any additional infrastructure or related-costs are needed to implement this section1 such costs shall be the responsibility of the non-,federal entity4 #aaa4 ,regulatory streamlining 7a7 ,applicability of certain laws ,filing of a ,notice of ,determination or a ,notice of ,exemption for any project1 including the issuance of a permit under ,state law1 related to any project of the ,,cvp or the delivery of water therefrom in accordance with the ,california ,environmental ,quality ,act shall be deemed to meet the requirements of section #ajb7b77;,c7 of the ,national ,environmental ,protection ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 for that project or permit4 7b7 ,continuation of project ,the ,bureau of ,reclamation shall not be required to cease or modify any major ,federal action or other activity related to any project of the ,,cvp or the delivery of water there from pending completion of judicial review of any determination made under the ,national ,environmental ,protection ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7c7 ,project defined ,for the purposes of this section3 7#a7 ,cvp ,the term ,,cvp means the ,central ,valley ,project4 7#b7 ,project ,the term project-- 7,a7 means an activity that-- 7i7 is undertaken by a public agency1 funded by a public agency1 or that requires an issuance of a permit by a public agency2 7ii7 has a potential to result in physical change to the environment2 and 7iii7 may be subject to several discretionary approvals by governmental agencies2 7,b7 may include construction activities1 clearing or grading of land1 improvements to existing structures1 and activities or equipment involving the issuance of a permit2 or 7,c7 as defined under the ,california ,environmental ,quality ,act in section #bajfe of the ,california ,public ,resource ,code4 #aab4 ,warren ,act contracts 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of the ,interior shall offer to the ,oakdale ,irrigation ,district and the ,south ,san ,joaquin ,irrigation ,district 7hereafter in this section referred to as the #8#8districts''7 a contract enabling the districts to collectively impound and store up to #bjj1jjj acre-feet of their ,stanislaus ,river water rights in the ,new ,melones ,reservoir in accordance with the terms and conditions of sections #a through #c of the ,act of ,february #ba1 #aiaa 7#dc ,u4,s4,c4 #ebc-ebe2 commonly known as the ,warren ,act72 provided that before offering any such contract1 the ,secretary has determined that the amount of water to be impounded and stored under the contract will not directly or indirectly result in any redirected adverse water supply or fiscal impacts to any ,central ,valley ,project contractor related to the ,secretary's operation of the ,central ,valley ,project to meet legal obligations imposed by or through any ,state or ,federal agency1 including but not limited to those legal obligations emanating from the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca1 et seq471 the ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea1 et seq41 commonly known as the 8,clean ,water ,act0 pursuant to the #aigg amendments1 ,public ,law #ie-bag71 and the ,porter-,cologne ,water ,quality ,control ,act 7,cal4 ,water ,code #acjjj1 et seq474 7b7 ,terms and conditions ,the terms and conditions of any contract entered into under subsection 7a7 shall-- 7#a7 be for a term of not less than #aj years2 and 7#b7 expressly provide that-- 7,a7 the districts may use any water impounded and stored in the ,new ,melones ,reservoir for any legal purpose under ,california law1 including use within the boundaries of either district1 transfer to and reasonable and beneficial use by a person or entity not located within the boundaries of either district1 and for instream use in the ,stanislaus ,river1 the ,san ,joaquin ,river1 or the ,sacramento-,san ,joaquin ,river ,delta2 and 7,b7 any water impounded and stored by either district shall not be released or withdrawn if the end of month ,september storage level for ,new ,melones ,reservoir is projected to be equal to or below #cjj1jjj acre-feet1 but in such event the impounded and stored water shall be retained in the ,new ,melones ,reservoir for use by the districts in the following year1 subject to the same #cjj1jjj acre-foot minimum storage requirement1 and without additional payment being required4 7c7 ,conservation account ,any water impounded and stored in the ,new ,melones ,reservoir by either district under the contract shall not be considered or accounted as water placed in the districts' conservation account1 as that account is defined and explained in the ,august #cj1 #aihh ,stipulation and ,agreement entered into by and between the ,bureau of ,reclamation and the districts4 #aac4 ,additional ,warren ,act contracts 7a7 7 ,in ,general ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of the ,interior shall develop and offer to the ,calaveras ,county ,water ,district 7hereafter in this section referred to as the ,,ccwd7 a contract enabling the ,,ccwd to impound and store up to #ajj1jjj acre-feet of their ,stanislaus ,river water rights in the ,new ,melones ,reservoir in accordance with the terms and conditions of sections #a through #c of the ,act of ,february #ba1 #aiaa 7#dc ,u4,s4,c4 #ebc-ebe2 commonly known as the ,warren ,act74 ,this stored water may be obtained for use by ,,ccwd at a point1 or points determined convenient to the ,district4 7b7 ,terms and ,conditions ,the terms and conditions of any contract entered into under subsection 7a7 shall-- 7#a7 be for a term of not less than #aj years2 and 7#b7 expressly provide that-- 7,a7 the ,,ccwd may use any water impounded and stored in the ,new ,melones ,reservoir for any legal purpose under ,california law1 including use within the boundaries of the ,,ccwd1 transfer to and reasonable and beneficial use by a person or entity not located within the boundaries of ,,ccwd1 and for instream use in the ,stanislaus ,river1 the ,san ,joaquin ,river1 or the ,sacramento-,san ,joaquin ,river ,delta2 and 7,b7 any water impounded and stored by either district shall not be released or withdrawn if the end of month ,september storage level for ,new ,melones ,reservoir is projected to be equal to or below #cjj1jjj acre-feet1 but in such event the impounded and stored water shall be retained in the ,new ,melones ,reservoir for use by the districts in the following year1 subject to the same #cjj1jjj acre-foot minimum storage requirement1 and without additional payment being required4 #aad4 ,pilot ,program to ,protect ,native ,anadromous ,fish in the ,stanislaus ,river 7a7 ,establishment of non-native predator fish removal program ,the ,commissioner and districts1 in consultation with the ,national ,marine ,fisheries ,service1 the ,united ,states ,fish and ,wildlife ,service1 and the ,california ,department of ,fish and ,wildlife1 shall jointly develop and conduct a pilot non-native predator fish removal program to remove non-native striped bass1 smallmouth bass1 largemouth bass1 black bass1 and other non-native predator fishes from the ,stanislaus ,river4 ,the pilot program shall-- 7#a7 be scientifically based2 7#b7 include methods to quantify the number and size of predator fishes removed each year1 the impact of such removal on the overall abundance of predator fishes1 and the impact of such removal on the populations of juvenile anadromous fish found in the ,stanislaus ,river by1 among other things1 evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at ,caswell2 7#c7 use wire fyke trapping1 portable resistance board weirs1 and boat electrofishing1 which are the most effective predator collection techniques that minimize affects to native anadromous fish2 7#d7 be developed1 including the application for all necessary scientific research and species enhancement permits under section #aj7;a77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77#a771 for the performance of the pilot program1 not later than #f months after the date of the enactment of this ,act2 7#e7 be implemented on the first business day of the calendar year following the issuance of all necessary scientific research and species enhancement permits needed to begin the pilot program2 and 7#f7 be implemented for a period of seven consecutive calendar years4 7b7 ,management ,the management of the pilot program shall be the joint responsibility of the ,commissioner and the districts4 ,such parties shall work collaboratively to insure the performance of the pilot program1 and shall discuss and agree upon1 among other things1 changes in the structure1 management1 personnel1 techniques1 strategy1 data collection1 reporting and conduct of the pilot program4 7c7 ,conduct 7#a7 ,in ,general ,at the election of the districts1 the pilot program may be conducted by their own personnel1 qualified private contractors hired by the districts1 personnel of1 on loan to1 or otherwise assigned to the ,bureau of ,reclamation1 or a combination thereof4 7#b7 ,participation ,by the ,bureau of ,reclamation ,in the event the districts elect to conduct the program using their own personnel or qualified private contractors hired by them1 the ,commissioner has the option to assign an employee of1 on loan to1 or otherwise assigned to the ,bureau of ,reclamation1 to be present for all activities performed in the field4 ,such presence shall insure compliance with the agreed upon elements specified in subsection 7b74 ,the districts shall pay #ajj percent of the cost of such participation as specified in subsection 7d74 7#c7 ,timing of ,election ,the districts shall notify the ,commissioner of their election on or before ,october #ae of each calendar year of the pilot program1 which election shall apply to the work performed in the subsequent calendar year4 7d7 ,funding 7#a7 ,annual funding ,the districts shall be responsible for #ajj percent of the cost of the pilot program4 ,on or before ,december #a of each year of the pilot program1 the ,commissioner shall submit to the districts an estimate of the cost to be incurred by the ,bureau of ,reclamation in the following calendar year1 if any1 including the cost of any data collection and posting under subsection 7e74 ,if an amount equal to the estimate is not provided to the reclamation fund identified in section #c of the ,act of ,february #ba1 #aiaa 7#dc ,u4,s4,c4 #ebe71 or any other fund as directed by the ,commissioner1 by the districts on or before ,december #ca of each year1 7a7 the ,bureau of ,reclamation shall have no obligation to conduct the pilot program activities otherwise scheduled1 and 7b7 the districts shall be prohibited from conducting any aspect of the pilot program1 until full payment is made by the districts4 7#b7 ,accounting ,on or before ,september #a of each calendar year1 the ,commissioner shall provide an accounting of the prior calendar year's expenses to the districts4 ,if the estimate paid by the districts was less than the actual costs incurred by the ,bureau of ,reclamation1 the districts shall have until ,september #cj of that calendar year to pay the difference to the reclamation fund4 ,if the estimate paid by the districts was greater than the actual costs incurred by the ,bureau of ,reclamation1 then a credit shall be provided to the districts1 which shall be deducted from the estimate payment the districts must make for the work performed by the ,bureau of ,reclamation1 if any1 in the next calendar year4 7e7 ,reporting and evaluation 7#a7 ,in general ,on or before the #aeth day of each month1 the ,commissioner shall post on the website of the ,bureau of ,reclamation a tabular summary of the raw data collected in the prior month4 7#b7 ,report ,on or before ,june #cj of the calendar year following the completion of the program1 the ,commissioner and districts shall jointly publish a peer reviewed report that-- 7,a7 discusses the findings and conclusions of the pilot program2 7,b7 synthesizes the data collected under paragraph 7#a72 and 7,c7 makes recommendations for further study and action4 7f7 ,permits process 7#a7 ,not later than #ahj days after filing of an application by the ,commissioner and the districts1 the ,secretary of the ,interior1 the ,secretary of ,commerce1 or both1 as appropriate1 shall issue all necessary scientific research and species enhancement permits under section #aj7;a77#a7 of the ,endangered ,species ,act 7#af ,u4,s4,c4 #aec7i77;a77#a771 for the performance of the pilot program4 7#b7 ,any permit application that is not approved by the ,secretary of the ,interior1 ,secretary of ,commerce1 or both1 as appropriate1 for any reason1 within #ahj days after receiving the application1 shall be deemed approved4 7#c7 ,all permits issued shall be in the name of the ,bureau of ,reclamation and the districts4 7#d7 ,districts may delegate the authority to administer the permit authority to any qualified private contractor retained in accordance with subsection 7c74 7#e7 ,the pilot program1 including amendments thereto by the appropriate ,federal and ,state agencies1 shall constitute a conservation plan that complies with the requirements of section #aj7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77#b774 7g7 ,,nepa ,section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 shall not apply with respect to section #djb and the issuance of any permit under this subsection during the seven year period beginning on the date of the implementation of the pilot program4 7h7 ,restrictions ,any restriction imposed under ,california law on the catch1 take1 or harvest of any non-native or introduced aquatic or terrestrial species that preys upon anadromous fish and that occupies or is found in the ,stanislaus ,river is hereby void and is preempted4 7i7 ,definitions ,for the purposes of this section3 7#a7 ,anadromous fish 7,a7 ,the term anadromous fish as applied to the ,stanislaus ,river and the operation of ,new ,melones-- 7i7 means those native stocks of salmon 7including steelhead7 that-- 7,i7 as of ,october #cj1 #aiib were present in and had not been extirpated from the ,stanislaus ,river1 and 7,,ii7 which ascend the ,stanislaus ,river to reproduce after maturing in ,san ,francisco ,bay or the ,pacific ,ocean2 and 7ii7 does not mean any stock1 strain or member of ,american shad1 sockeye salmon1 or striped bass4 7,b7 ,the definition of anadromous fish provided in section #cdjc7;a7 of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege7 shall not apply to the operation of ,new ,melones ,dam and ,reservoir1 or to any ,federal action in the ,stanislaus ,river4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau of ,reclamation4 7#c7 ,districts ,the term districts means the ,oakdale ,irrigation ,district and the ,south ,san ,joaquin ,irrigation ,district4 7#d7 ,pilot program ,the term program means the pilot non-native predator removal program established under this section4 7j7 ,sunset ,the authorities provided under this section shall expire seven years after the implementation of the pilot program4 #aae4 ,san ,luis ,reservoir ,in connection with operations of the ,central ,valley ,project1 ,california1 if ,san ,luis ,reservoir does not fill by the last day of ,february1 the ,secretary of the ,interior shall permit any entity with an agricultural water service or repayment contract for the delivery of water from the ,delta ,division or the ,san ,luis ,unit to reschedule into the immediately following contract year 7,march #a through the last day of ,february7 any unused ,central ,valley ,project water previously allocated for irrigation purposes4 ,if water remaining in federal storage in ,san ,luis ,reservoir on the last day of ,february is insufficient to meet all rescheduling requests1 the ,secretary shall apportion1 based on contract quantity1 among all such contractors that request to reschedule water all water remaining in ,san ,luis ,reservoir on the last day of ,february4 ,the ,secretary shall thereafter make all reasonable efforts to make available additional rescheduled water2 provided that such efforts shall not interfere with the ,central ,valley ,project operations in the contract year into which ,central ,valley ,project has been rescheduled4 ,,ii ,san ,joaquin ,river restoration #bja4 ,repeal of the ,san ,joaquin ,river settlement ,as of the date of enactment of this title1 the ,secretary shall cease any action to implement the ,stipulation of ,settlement 7,natural ,resources ,defense ,council1 et al4 v4 ,kirk ,rodgers1 et al41 ,eastern ,district of ,california1 ,no4 ,civ4 ,s-#hh-afeh ,,lkk_/,,ggh74 #bjb4 ,purpose ,section #ajjjb of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended by striking implementation of the ,settlement and inserting restoration of the ,san ,joaquin ,river4 #bjc4 ,definitions ,section #ajjjc of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,the term ,restoration ,flows means the additional water released or bypassed from ,friant ,dam to insure that the target flow entering ,mendota ,pool1 located approximately #fb river miles downstream from ,friant ,dam1 does not fall below #ej cubic feet per second4 2 7#b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,the term ,water ,year means ,march #a through the last day of ,february of the following ,calendar ,year1 both dates inclusive4 2 and 7#c7 by adding at the end the following new paragraph3 7#d7 ,the term ,critical ,water ,year means when the total unimpaired runoff at ,friant ,dam is less than #djj1jjj acre-feet1 as forecasted as of ,march #a of that water year by the ,california ,department of ,water ,resources4 4 #bjd4 ,implementation of restoration ,section #ajjjd of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking authorized and directed and all that follows through in the ,settlement3 and inserting authorized to carry out the following32 7,b7 by striking paragraphs 7#a71 7#b71 7#d71 and 7#e72 7,c7 in paragraph 7#c7-- 7i7 by striking 7#c7 and inserting 7#a72 and 7ii7 by striking paragraph #ac of the ,settlement and inserting this part2 and 7,d7 by adding at the end the following new paragraphs3 7#b7 ,in each ,water ,year1 commencing in the ,water ,year starting on ,march #a1 #bjae-- 7,a7 shall modify ,friant ,dam operations so as to release the ,restoration ,flows for that ,water ,year1 except in any ,critical ,water ,year2 7,b7 shall ensure that the release of ,restoration ,flows are maintained at the level prescribed by this part1 but that ,restoration ,flows do not reach downstream of ,mendota ,pool2 7,c7 shall release the ,restoration ,flows in a manner that improves the fishery in the ,san ,joaquin ,river below ,friant ,dam1 but upstream of ,gravelly ,ford in existence as of the date of the enactment of this part1 and the associated riparian habitat2 and 7,d7 may1 without limiting the actions required under paragraphs 7,a7 and 7,c7 and subject to subsections #ajjjd7;a77#c7 and #ajjjd7l71 use the ,restoration ,flows to enhance or restore a warm water fishery downstream of ,gravelly ,ford to and including ,mendota ,pool1 if the ,secretary determines that it is reasonable1 prudent1 and feasible to do so2 and 7#c7 ,not later than #a year after the date of the enactment of this section1 the ,secretary shall develop and implement1 in cooperation with the ,state of ,california1 a reasonable plan1 to fully recirculate1 recapture1 reuse1 exchange1 or transfer all ,restoration ,flows and provide such recirculated1 recaptured1 reused1 exchanged1 or transferred flows to those contractors within the ,friant ,division1 ,hidden ,unit1 and ,buchanan ,unit of the ,central ,valley ,project that relinquished the ,restoration ,flows so recirculated1 recaptured1 reused1 exchanged1 or transferred4 ,such a plan shall address any impact on ground water resources within the service area of the ,friant ,division1 ,hidden ,unit1 and ,buchanan ,unit of the ,central ,valley ,project and mitigation may include ground water banking and recharge projects4 ,such a plan shall not impact the water supply or water rights of any entity outside the ,friant ,division1 ,hidden unit1 and ,buchanan ,unit of the ,central ,valley ,project4 ,such a plan shall be subject to applicable provisions of ,california water law and the ,secretary's use of ,central ,valley ,project facilities to make ,project water 7other than water released from ,friant ,dam pursuant to this part7 and water acquired through transfers available to existing south-of-,delta ,central ,valley ,project contractors4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking the ,settlement and inserting this part2 and 7,b7 in paragraph 7#b71 by striking the ,settlement and inserting this part2 7#c7 in subsection 7c71 by striking the ,settlement and inserting this part2 7#d7 by striking subsection 7d7 and inserting the following3 7d7 ,mitigation of impacts ,prior to ,october #a1 #bjae1 the ,secretary shall identify-- 7#a7 the impacts associated with the release of ,restoration ,flows prescribed in this part2 7#b7 the measures which shall be implemented to mitigate impacts on adjacent and downstream water users1 landowners and agencies as a result of ,restoration ,flows prescribed in this part2 and 7#c7 prior to the implementation of decisions or agreements to construct1 improve1 operate1 or maintain facilities that the ,secretary determines are needed to implement this part1 the ,secretary shall implement all mitigations measures identified in subsection 7d77#b7 before ,restoration ,flows are commenced4 2 7#e7 in subsection 7e71 by striking the ,settlement and inserting this part2 7#f7 in subsection 7f71 by striking the ,settlement and all that follows through section #ajjaa and insert this part2 7#g7 in subsection 7g7-- 7,a7 by striking the ,settlement and before this part2 and 7,b7 by striking or exchange contract and inserting exchange contract1 or water rights settlement or holding contracts2 7#h7 in subsection 7h7-- 7,a7 by striking ,interim in the header2 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,interim ,flows under the ,settlement and inserting ,restoration ,flows under this part2 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7i71 by striking ,interim and inserting ,restoration2 and 7,,ii7 in clause 7ii71 by inserting and after the semicolon2 7iii7 in subparagraph 7,d71 by striking and at the end2 and 7iv7 by striking subparagraph 7,e72 7,c7 in paragraph 7#b7-- 7i7 by striking ,interim and inserting ,restoration2 7ii7 by striking subparagraph 7,a72 and 7iii7 by striking 7,b7 exceed and inserting exceed2 7,d7 in paragraph 7#c71 by striking ,interim and inserting ,restoration2 and 7,e7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,claims ,within #fj days of enactment of this ,act the ,secretary shall promulgate a rule establishing a claims process to address current and future claims including1 but not limited to1 ground water seepage1 flooding1 or levee instability damages caused as a result of1 arising out of1 or related to implementation of subtitle ,a of title ,x of ,public ,law #aaa-aa4 2 7#i7 in subsection 7i7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the ,settlement and parts ,i and ,,iii and inserting this part2 7ii7 in subparagraph 7,a71 by inserting and after the semicolon2 7iii7 in subparagraph 7,b7-- 7,i7 by striking additional amounts authorized to be appropriated1 including the2 and 7,,ii7 by striking 2 and and inserting a period2 and 7iv7 by striking subparagraph 7,c72 and 7,b7 by striking paragraph 7#c72 and 7#aj7 by adding at the end the following new subsections3 7k7 ,no impacts on other interests ,no ,central ,valley ,project or other water other than ,san ,joaquin ,river water impounded by or bypassed from ,friant ,dam shall be used to implement subsection 7a77#b7 unless such use is on a voluntary basis4 ,no cost associated with the implementation of this section shall be imposed directly or indirectly on any ,central ,valley ,project contractor1 or any other person or entity1 outside the ,friant ,division1 the ,hidden ,unit1 or the ,buchanan ,unit1 unless such costs are incurred on a voluntary basis4 ,the implementation of this part shall not result directly or indirectly in any reduction in water supplies or water reliability on any ,central ,valley ,project contractor1 any ,state ,water ,project contractor1 or any other person or entity1 outside the ,friant ,division1 the ,hidden ,unit1 or the ,buchanan ,unit1 unless such reductions or costs are incurred on a voluntary basis4 7l7 ,priority ,all actions taken under this part shall be subordinate to the ,secretary's use of ,central ,valley ,project facilities to make ,project water available to ,project contractors1 other than water released from the ,friant ,dam pursuant to this part4 7m7 ,in general ,notwithstanding section #h of the ,reclamation ,act of #aijb1 except as provided in this part1 including title ,,iv of the ,sacramento and ,san ,joaquin ,valleys ,water ,reliability ,act1 this part preempts and supersedes any ,state law1 regulation1 or requirement that imposes more restrictive requirements or regulations on the activities authorized under this part4 ,nothing in this part shall alter or modify the obligations1 if any1 of the ,friant ,division1 ,hidden ,unit1 and ,buchanan ,unit of the ,central ,valley ,project1 or other water users on the ,san ,joaquin ,river or its tributaries1 under orders issued by the ,state ,water ,resources ,control ,board pursuant to the ,porter-,cologne ,water ,quality ,control ,act 7,california ,water ,code sections #acjjj et seq474 ,any such order shall be consistent with the congressional authorization for any affected ,federal facility as it pertains to the ,central ,valley ,project4 7n7 ,project implementation ,projects to implement this title shall be phased such that each project shall follow the sequencing identified below and include at least the-- 7#a7 project purpose and need2 7#b7 identification of mitigation measures2 7#c7 appropriate environmental review2 and 7#d7 prior to releasing ,restoration ,flows under this part1 the ,secretary shall-- 7,a7 complete the implementation of mitigation measures required2 and 7,b7 complete implementation of the project4 4 #bje4 ,disposal of property2 title to facilities ,section #ajjje of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in subsection 7a71 by striking the ,settlement authorized by this part and inserting this part2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 7#a7 ,in general4--,the ,secretary and inserting ,the ,secretary2 and 7ii7 by striking the ,settlement authorized by this part and inserting this part2 and 7,b7 by striking paragraph 7#b72 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking the ,settlement and inserting this part2 7,b7 in paragraph 7#b7-- 7i7 by striking through the exercise of its eminent domain authority2 and 7ii7 by striking the ,settlement and inserting this part2 and 7,c7 in paragraph 7#c71 by striking section #ajjji7;c7 and inserting section #ajjji4 #bjf4 ,compliance with applicable law ,section #ajjjf of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting unless otherwise provided by this part before the period at the end2 and 7,b7 in paragraph 7#b71 by striking the ,settlement and inserting this part2 7#b7 in subsection 7b71 by inserting 1 unless otherwise provided by this part before the period at the end2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking section #ajjjd and inserting this part2 and 7,b7 in paragraph 7#c71 by striking the ,settlement and inserting this part2 and 7#d7 in subsection 7d7-- 7,a7 by inserting 1 including without limitation to sections #ajjjd7;d7 and #ajjjd7;h77#d7 of this part1 after implementing this part2 and 7,b7 by striking for implementation of the ,settlement4 #bjg4 ,compliance with ,central ,valley ,project ,improvement ,act ,section #ajjjg of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 7,a7 by striking the ,settlement and inserting enactment of this part2 and 7,b7 by inserting3 and the obligations of the ,secretary and all other parties to protect and keep in good condition any fish that may be planted or exist below ,friant ,dam including any obligations under section #eicg of the ,california ,fish and ,game ,code and the public trust doctrine1 and those of the ,secretary and all other parties under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 before 1 provided2 and 7#b7 in paragraph 7#a71 by striking 1 as provided in the ,settlement4 #bjh4 ,no private right of action ,section #ajjjh7;a7 of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 by striking not a party to the ,settlement after person or entity2 and 7#b7 by striking or the ,settlement before the period and inserting unless otherwise provided by this part4 ,any ,central ,valley ,project long-term water service or repayment contractor within the ,friant ,division1 ,hidden unit1 or ,buchanan ,unit adversely affected by the ,secretary's failure to comply with section #ajjjd7;a77#c7 of this part may bring an action against the ,secretary for injunctive relief or damages1 or both44 #bji4 ,implementation ,section #ajjji of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in the header by striking 2 settlement fund2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking the ,settlement the first place it appears and inserting this part2 7ii7 by striking 1 estimated to total and all that follows through subsection 7b77#a712 and 7iii7 by striking provided however1 and all that follows through #aaj1jjj1jjj of ,state funds2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking 7,a7 ,in general4--,the ,secretary and inserting ,the ,secretary2 7ii7 by striking subparagraph 7,b72 and 7,c7 in paragraph 7#c7-- 7i7 by striking ,except as provided in the ,settlement1 to and inserting ,to2 and 7ii7 by striking this ,settlement and inserting this part2 7#c7 in subsection 7b77#a7-- 7,a7 by striking ,in addition through however1 that the and inserting ,the2 7,b7 by striking such additional appropriations only in amounts equal to2 and 7,c7 by striking or the ,settlement before the period2 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the ,settlement and inserting this part2 7ii7 in subparagraph 7,c71 by striking from the sale of water pursuant to the ,settlement1 or2 and 7iii7 in subparagraph 7,d71 by striking the ,settlement and inserting this part2 7,b7 in paragraph 7#b71 by striking the ,settlement and before this part2 and 7#e7 by striking subsections 7d7 through 7f74 #baj4 ,repayment contracts and acceleration of repayment of construction costs ,section #ajjaj of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c77;,d71 by striking the ,settlement and before this part2 and 7,b7 in paragraph 7#d77;,c71 by striking the ,settlement and before this part2 7#b7 in subsection 7c71 by striking paragraph 7#c72 7#c7 in subsection 7d77#a71 by striking the ,settlement in both places it appears and inserting this part2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,interim ,flows or ,restoration ,flows1 pursuant to paragraphs #ac or #ae of the ,settlement and inserting ,restoration ,flows1 pursuant to this part2 7ii7 by striking ,interim ,flows or before ,restoration ,flows2 and 7iii7 by striking the ,interim ,flows or ,restoration ,flows or is intended to otherwise facilitate the ,water ,management ,goal1 as described in the ,settlement and inserting ,restoration ,flows2 and 7,b7 in paragraph 7#b7-- 7i7 by striking except as provided in paragraph #af7;b7 of the ,settlement after ,friant ,division long-term contractor2 and 7ii7 by striking the ,interim ,flows or ,restoration ,flows or to facilitate the ,water ,management ,goal and inserting ,restoration ,flows4 #baa4 ,repeal ,section #ajjaa of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is repealed4 #bab4 ,water supply mitigation ,section #ajbjb7;b7 of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in paragraph 7#a71 by striking the ,interim or ,restoration ,flows authorized in part ,i of this subtitle and inserting ,restoration ,flows authorized in this part2 7#b7 in paragraph 7#b71 by striking the ,interim or ,restoration ,flows authorized in part ,i of this subtitle and inserting ,restoration ,flows authorized in this part2 and 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking meet the ,restoration ,goal as described in part ,i of this subtitle and inserting recover ,restoration ,flows as described in this part2 7,b7 in subparagraph 7,c7-- 7i7 by striking the ,interim or ,restoration ,flows authorized in part ,i of this subtitle and inserting ,restoration ,flows authorized in this part2 and 7ii7 by striking 1 and for ensuring appropriate adjustment in the recovered water account pursuant to section #ajjjd7;a77#e74 #bac4 ,additional ,authorities ,section #ajbjc of the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking section #ajjjd7;a77#d7 and inserting section #ajjjd7;a77#c72 and 7,b7 by striking 1 provided and all that follows through section #ajjji7;f77#b72 and 7#b7 by striking subsection 7c74 ,,iii ,repayment contracts and acceleration of repayment of construction costs #cja4 ,repayment contracts and acceleration of repayment of construction costs 7a7 ,conversion of contracts 7#a7 ,not later than #a year after enactment1 the ,secretary of the ,interior1 upon request of the contractor1 shall convert all existing long-term ,central ,valley ,project contracts entered under subsection 7e7 of section #i of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif71 to a contract under subsection 7d7 of section #i of said ,act 7#ec ,stat4 #aaie71 under mutually agreeable terms and conditions4 7#b7 ,upon request of the contractor1 the ,secretary is further authorized to convert1 not later than #a year after enactment1 any ,central ,valley ,project long-term contract entered under subsection 7c77#b7 of section #i of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid71 to a contract under subsection 7c77#a7 of section #i of said ,act1 under mutually agreeable terms and conditions4 7#c7 ,all contracts entered into pursuant to paragraph 7#a7 shall-- 7,a7 require the repayment1 either in lump sum or by accelerated prepayment1 of the remaining amount of construction costs identified in the most current version of the ,central ,valley ,project ,schedule of ,irrigation ,capital ,allocations by ,contractor1 as adjusted to reflect payments not reflected in such schedule1 and properly assignable for ultimate return by the contractor1 no later than ,january #ca1 #bjae1 or if made in approximately equal annual installments1 no later than ,january #ca1 #bjah2 such amount to be discounted by the ,treasury ,rate4 ,an estimate of the remaining amount of construction costs as of ,january #ca1 #bjae1 as adjusted1 shall be provided by the ,secretary of the ,interior to each contractor no later than #ahj days after enactment2 7,b7 require that1 notwithstanding subsection 7c77#b71 construction costs or other capitalized costs incurred after the effective date of the converted contract or not reflected in the schedule referenced in subparagraph 7,a71 and properly assignable to such contractor1 shall be repaid in not more than #e years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversions under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law1 provided that the reference to the amount of #e1jjj1jjj shall not be a precedent in any other context2 and 7,c7 provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract4 7#d7 ,all contracts entered into pursuant to paragraph 7#b7 shall-- 7,a7 require the repayment in lump sum of the remaining amount of construction costs identified in the most current version of the ,central ,valley ,project ,schedule of ,municipal and ,industrial ,water ,rates1 as adjusted to reflect payments not reflected in such schedule1 and properly assignable for ultimate return by the contractor1 no later than ,january #ca1 #bjah4 ,an estimate of the remaining amount of construction costs as of ,january #ca1 #bjah1 as adjusted1 shall be provided by the ,secretary of the ,interior to each contractor no later than #ahj days after enactment2 and 7,b7 require that1 notwithstanding subsection 7c77#b71 construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the schedule referenced in subparagraph 7,a71 and properly assignable to such contractor1 shall be repaid in not more than #e years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversions under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law1 provided that the reference to the amount of #e1jjj1jjj shall not be a precedent in any other context4 7b7 ,final adjustment ,the amounts paid pursuant to subsection 7a7 shall be subject to adjustment following a final cost allocation by the ,secretary of the ,interior upon completion of the construction of the ,central ,valley ,project4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor1 the contractor shall be obligated to pay the remaining allocated costs4 ,the term of such additional repayment contract shall be no less than #a year and no more than #aj years1 however1 mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid1 the ,secretary of the ,interior is authorized and directed to credit such overpayment as an offset against any outstanding or future obligation of the contractor4 7c7 ,applicability of certain provisions 7#a7 ,notwithstanding any repayment obligation under subsection 7a77#c77;,b7 or subsection 7b71 upon a contractor's compliance with and discharge of the obligation of repayment of the construction costs as provided in subsection 7a77#c77;,a71 the ownership and full-cost pricing limitations of any provision of ,federal reclamation law shall not apply to lands in such district4 7#b7 ,notwithstanding any repayment obligation under paragraph 7#c77;,b7 or paragraph 7#d77;,b7 of subsection 7a71 or subsection 7b71 upon a contractor's compliance with and discharge of the obligation of repayment of the construction costs as provided in paragraphs 7#c77;,a7 and 7#d77;,a7 of subsection 7a71 such contractor shall continue to pay applicable operation and maintenance costs and other charges applicable to such repayment contracts pursuant to the then-current rate-setting policy and applicable law4 7d7 ,certain repayment obligations not altered ,implementation of the provisions of this section shall not alter the repayment obligation of any other long-term water service or repayment contractor receiving water from the ,central ,valley ,project1 or shift any costs that would otherwise have been properly assignable to any contractors absent this section1 including operations and maintenance costs1 construction costs1 or other capitalized costs incurred after the date of enactment of this ,act1 to other such contractors4 7e7 ,statutory interpretation ,nothing in this part shall be construed to affect the right of any long-term contractor to use a particular type of financing to make the payments required in paragraph 7#c77;,a7 or paragraph 7#d77;,a7 of subsection 7a74 7f7 ,definition of treasury rate ,for purposes of this section1 ,treasury ,rate shall be defined as the #bj-year ,constant ,maturity ,treasury rate published by the ,united ,states ,department of the ,treasury as of ,october #a1 #bjad4 ,,iv ,bay-,delta ,watershed water rights preservation and protection #dja4 ,water rights and area-of-origin protections ,notwithstanding the provisions of this ,act1 ,federal reclamation law1 or the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47-- 7#a7 the ,secretary of the ,interior 7,secretary7 is directed1 in the operation of the ,central ,valley ,project1 to strictly adhere to ,state water rights law governing water rights priorities by honoring water rights senior to those belonging to the ,central ,valley ,project1 regardless of the source of priority2 7#b7 the ,secretary is directed1 in the operation of the ,central ,valley ,project1 to strictly adhere to and honor water rights and other priorities that are obtained or exist pursuant to the provisions of ,california ,water ,code sections #ajeje1 #ajeje3e1 #aaabh1 #aadfj1 and #aadfc2 and sections #abbjj to #abbbj1 inclusive2 and 7#c7 any action that affects the diversion of water or involves the release of water from any ,central ,valley ,project water storage facility taken by the ,secretary or the ,secretary of the ,department of ,commerce to conserve1 enhance1 recover1 or otherwise protect any species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 shall be applied in a manner that is consistent with water right priorities established by ,state law4 #djb4 ,sacramento ,river settlement contracts ,in the implementation of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 in the ,bay-,delta and on the ,sacramento ,river1 the ,secretary and the ,secretary of ,commerce are directed to apply any limitations on the operation of the ,central ,valley ,project or to formulate any reasonable prudent alternative associated with the operation of the ,central ,valley ,project in a manner that strictly adheres to and applies the water rights priorities for ,project ,water and ,base ,supply provided for in the ,sacramento ,river ,settlement ,contracts4 ,article #c7;i7 of the ,sacramento ,river ,settlement ,contracts shall not be utilized by the ,united ,states as means to provide shortages to the ,sacramento ,river ,settlement ,contracts that are different than those provided for in ,article #e7;a7 of those contracts4 #djc4 ,sacramento ,river ,watershed ,water ,service ,contractors 7a7 ,in general ,subject to subsection 7b7 and the absolute priority of the ,sacramento ,river ,settlement ,contractors to ,sacramento ,river supplies over ,central ,valley ,project diversions and deliveries to other contractors1 the ,secretary is directed1 in the operation of the ,central ,valley ,project1 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 following3 7#a7 ,not less than #ajj of their contract quantities in a ,wet year4 7#b7 ,not less than #ajj of their contract quantities in an ,above ,normal year4 7#c7 ,not less than #ajj of their contract quantities in a ,below ,normal year4 7#d7 ,not less than #ge of their contract quantities in a ,dry year4 7#e7 ,not less than #ej of their contract quantities in a ,critically ,dry year4 7b7 ,protection of municipal and industrial supplies ,nothing in subsection 7a7 shall be deemed to3 7i7 modify any provision of a water service contract that addresses municipal and industrial water shortage policies of the ,secretary2 7ii7 affect or limit the authority of the ,secretary to adopt or modify municipal and industrial water shortage policies2 7iii7 affect or limit the authority of the ,secretary to implement municipal and industrial water shortage policies2 or 7iv7 affect allocations to ,central ,valley ,project municipal and industrial contractors pursuant to such policies4 ,neither subsection 7a7 nor the ,secretary's implementation of subsection 7a7 shall constrain1 govern or affect1 directly or indirectly1 the operations of the ,central ,valley ,project's ,american ,river ,division or any deliveries from that ,division1 its units or its facilities4 7c7 ,definitions ,in this section3 7#a7 ,the term existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed means water service contractors within the ,shasta1 ,trinity1 and ,sacramento ,river ,divisions of the ,central ,valley ,project1 that have a water service contract in effect1 on the date of the enactment of this section1 that provides water for irrigation4 7#b7 ,the year type terms used in subsection 7a7 have the meaning given those year types in the ,sacramento ,valley ,water ,year ,type 7#dj-cj-cj7 ,index4 #djd4 ,no redirected adverse impacts ,the ,secretary shall insure that there are no redirected adverse water supply or fiscal impacts to those within the ,sacramento ,river or ,san ,joaquin ,river watershed or to the ,state ,water ,project arising from the ,secretary's operation of the ,central ,valley ,project to meet legal obligations imposed by or through any ,state or ,federal agency1 including1 but not limited to those legal obligations emanating from the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or this ,act1 or actions or activities implemented to meet the twin goals of improving water supply or addressing environmental needs of the ,bay ,delta4 ,v ,miscellaneous #eja4 ,precedent ,congress finds and declares that-- 7#a7 coordinated operations between the ,central ,valley ,project and the ,state ,water ,project1 previously requested and consented to by the ,state of ,california and the ,federal ,government1 require assertion of ,federal supremacy to protect existing water rights throughout the system2 and 7#b7 these circumstances are unique to ,california4 ,therefore1 nothing in this ,act shall serve as precedent in any other ,state4 #ejb4 ,no effect on ,proclamation of ,state of ,emergency ,nothing in this ,act shall affect in any way the ,proclamation of ,state of ,emergency and associated ,executive ,order issued by ,governor ,edmund ,g4 ,brown1 ,jr4 on ,january #ag1 #bjad1 or the authorities granted thereby1 including without limitation the authority of the ,california ,state ,water ,resources ,control ,board to modify any standards or operational constraints adopted to implement the ,principles for on the ,bay-,delta ,standards ,between the ,state of ,california and the ,federal ,government1 dated ,december #ae1 #aiid1 so as to make additional irrigation and municipal and industrial water supplies available in the ,central ,valley ,project and ,state ,water ,project service areas during the state of emergency4 #ejc4 ,wild and ,scenic ,rivers ,act 7a7 ,wild and ,scenic ,rivers ,act ,section #c7;a77#fb77;,b77i7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77#fb77;,b77i77 is amended-- 7#a7 by striking the normal maximum the first place that it appears and all that follows through ,april1 #aiij4 and inserting the following3 the boundary of ,,ferc ,project ,no4 #bagi as it existed on ,february #ae1 #bjac1 consisting of a point approximately #b1dhj feet downstream of the confluence with the ,north ,fork of the ,merced ,river1 consisting of approximately #g4d miles42 and 7#b7 by striking the normal maximum operating pool water surface level of ,lake ,mc,clure the second place that it appears and inserting the boundary of ,,ferc ,project ,no4 #bagi as it existed on ,february #ae1 #bjac1 consisting of a point approximately #b1dhj feet downstream of the confluence with the ,north ,fork of the ,merced ,river4 7b7 ,exchequer ,project ,section #c of ,public ,law #ajb-dcb is amended by striking ,act and all that follows through the period and inserting ,act44 #ejd4 ,fisheries disaster declaration ,the ,proclamation of ,state ,emergency and associated ,executive order issued by ,governor ,edmund ,g4 ,brown1 ,jr4 on ,january #ag1 #bjad1 shall be considered a request by the ,governor for purposes of section #cab7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfa;a7 to determine that a fishery resource disaster exists for fisheries that originate in the ,state of ,california4 ,passed the ,house of ,representatives ,february #e1 #bjad4,karen ,l4 ,haas1,clerk ,february #aj1 #bjad,read the second time and placed on the calendar