,i #aadth ,,congress #b;d ,session ,h4 ,r4 #dcff ,,in ,,the ,,house ,,of ,,representatives ,january #ab1 #bjaf ,mr4 ,valadao introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to affirm an agreement between the ,united ,states and ,westlands ,water ,district dated ,september #ae1 #bjae1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,san ,luis ,unit ,drainage ,resolution ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,approval of agreements4 ,sec4 #d4 ,relief from drainage obligation4 ,sec4 #e4 ,drainage implementation4 ,sec4 #f4 ,water delivery contracts4 ,sec4 #g4 ,repayment obligations4 ,sec4 #h4 ,transfer of title to certain facilities4 ,sec4 #i4 ,compliance with applicable law4 ,sec4 #aj4 ,no water supply or financial impacts on other ,central ,valley ,project contractors4 ,sec4 #aa4 ,restoration ,fund payments by ,westlands ,water ,district4 #b4 ,definitions ,in this ,act3 7#a7 ,northerly ,districts ,agreement ,the term ,northerly ,districts ,agreement means the ,agreement among the ,united ,states1 ,san ,luis ,water ,district1 ,panoche ,water ,district1 and ,pacheco ,water ,district4 7#b7 ,project ,the term ,project means the ,central ,valley ,project1 owned by the ,united ,states and managed by the ,department of the ,interior1 ,bureau of ,reclamation4 7#c7 ,project ,water ,the term ,project ,water means all water that is developed1 diverted1 stored1 or delivered by the ,secretary in accordance with the statutes authorizing the ,project and in accordance with the terms and conditions of water rights acquired pursuant to ,california law4 7#d7 ,repayment contract ,the term repayment contract means the repayment contract converted under section #f7;a74 7#e7 ,san ,luis ,act ,the term ,san ,luis ,act means the ,act of ,june #c1 #aifj 7,public ,law #hf-dhh71 and all ,acts amendatory thereof and supplementary thereto4 7#f7 ,san ,luis ,unit ,the term ,san ,luis ,unit means those lands identified in section #a of the ,san ,luis ,act4 7#g7 ,san ,luis ,unit ,contractors ,the term ,san ,luis ,unit ,contractors means ,westlands ,water ,district 7including ,broadview ,water ,district lands annexed within ,westlands ,water ,district71 ,san ,luis ,water ,district1 ,panoche ,water ,district1 and ,pacheco ,water ,district4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,westlands ,agreement ,the term ,westlands ,agreement means the ,agreement between the ,united ,states and ,westlands ,water ,district to settle litigation concerning the ,united ,states duty to provide drainage service1 entered ,september #ae1 #bjae4 #c4 ,approval of agreements ,notwithstanding any other provision of law1 unless otherwise specified herein1 the ,secretary is hereby directed to implement the terms and conditions of the ,westlands ,agreement and the ,northerly ,districts ,agreement4 #d4 ,relief from drainage obligation ,the ,san ,luis ,act is amended as follows3 7#a7 ,in the first section-- 7,a7 in the second sentence1 by striking distribution systems1 drains12 and 7,b7 in the sixth sentence-- 7i7 by striking the ,secretary has 7#a7 and inserting the ,secretary has2 and 7ii7 by striking 1 and 7#b7 received and all that follows through ,december1 #ag1 #aief 4 7#b7 ,in section #e1 by striking the first sentence and inserting ,notwithstanding any other provision of law1 the ,secretary of the ,interior shall have no duty to provide drainage or drainage service to the ,san ,luis ,unit4 ,each contractor within the ,san ,luis ,unit that receives water for the purpose of irrigation shall be responsible for the management of drainage water within its boundaries1 in accordance with ,federal and ,california law consistent with the ,westlands ,agreement and ,northerly ,district ,agreement respectively44 7#c7 ,in section #h-- 7,a7 in the first sentence1 by striking other than distribution systems and drains12 and 7,b7 in the third sentence-- 7i7 by striking 7a7 for construction and all that follows through and 7b72 and 7ii7 by striking 3 ,provided and all that follows through such works are placed in service4 #e4 ,drainage implementation 7a7 ,in ,general ,the ,westlands ,water ,district shall assume all legal responsibility for the management of drainage water within its boundaries in accordance with ,federal and ,california law1 and in accordance with the ,westlands ,agreement4 7b7 ,drain ,water ,westlands ,water ,district shall not discharge drain water outside of its boundaries4 #f4 ,water delivery contracts 7a7 ,contract conversion ,the ,secretary shall convert the ,westlands ,water ,district existing long-term or interim renewal water service contract entered into under section #i7;e7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif71 to a repayment contract under section #i7;d7 and #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie1 #aaid71 consistent with the ,westlands ,agreement4 7b7 ,allocation decisions 7#a7 ,in general ,notwithstanding subsection 7a7 and as provided in the ,westlands ,agreement1 the ,secretary shall make allocation decisions in the ,project consistent with the requirements of ,federal law 7including the ,endangered ,species ,act of #aigc and reclamation law7 and applicable ,california ,state ,water ,resources ,control ,board requirements4 7#b7 ,conversion of contract ,conversion of ,westlands ,water ,district's contract pursuant to subsection 7a7 shall not afford ,westlands ,water ,district greater or lesser rights to an annual allocation of ,project ,water than ,westlands ,water ,district had before that conversion4 7#c7 ,limitation on liability ,no liability shall accrue against the ,united ,states or any of its officers1 agents1 or employees for any damage1 direct or indirect1 arising from a condition of shortage in the amount of water available for delivery to the ,san ,luis ,unit ,contractors caused by-- 7,a7 errors in physical operations of the ,project2 7,b7 physical causes beyond the control of the ,contracting ,officer1 including drought2 or 7,c7 actions taken by the ,contracting ,officer to meet legal obligations4 7c7 ,water service contract for ,lemoore ,naval ,air ,station 7#a7 ,contract required ,the ,secretary shall enter into a contract under section #i7;e7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif71 with the ,secretary of the ,navy for the delivery of ,project ,water to the ,lemoore ,naval ,air ,station to meet the irrigation needs of ,lemoore ,naval ,air ,station associated with air operations4 ,the contract amount of ,project ,water made available to the ,lemoore ,naval ,air ,station under such contract shall be determined by the ,secretary through technical analysis with the ,lemoore ,naval ,air ,station4 7#b7 ,condition of ,shortage ,in any year in which there may occur a condition of shortage in the amount of water available for delivery1 the ,contracting ,officer shall allocate the available ,project ,water amount to ,lemoore ,naval ,air ,station in accordance with the allocation steps for municipal and industrial water service contractors under the ,central ,valley ,project ,municipal and ,industrial ,water ,shortage ,policy 7as in effect on the effective date of the repayment contract74 ,for purposes of determining historical use under the policy1 past water use for irrigation needs by the ,lemoore ,naval ,air ,station under the contract authorized by this section or such use previous to the contract may be considered4 #g4 ,repayment obligations 7a7 ,suspension of capital obligation ,westlands ,water ,district's capital repayment obligation and payments under its water service contracts and the ,april #a1 #aife1 repayment contract between the ,united ,states and ,westlands ,water ,district 7contract numbered #ad-jf-bjj-bjbj-;,a7 as further defined in subsection 7b71 is suspended until the execution of the repayment contract4 ,upon execution of that repayment contract1 ,westlands ,water ,district shall receive a credit against future operation and maintenance costs payable to the ,united ,states in the amount of the capital costs under the water service contracts and the #aife ,repayment ,contract paid by ,westlands ,water ,district between the date of the ,westlands ,agreement and the date of the enactment of this ,act4 ,costs incurred by the ,united ,states for reevaluating1 planning1 or providing drainage service to ,westlands ,water ,district shall be nonreimbursable1 as set forth in paragraph 7#i77;,c77iv7 of the ,westlands ,agreement4 7b7 ,relief of capital repayment obligations ,upon the date of execution of the repayment contract1 and as set forth in the ,westlands ,agreement1 the following shall take effect3 7#a7 ,in general ,westlands ,water ,district shall be relieved of-- 7,a7 its capital repayment obligations under the ,june #e1 #aifc1 water service contract between the ,united ,states and ,westlands ,water ,district 7contract number #ad-jf-bjj-die-;,a7 providing for water service1 or any renewals thereof1 and any water service contracts assigned to ,westlands ,water ,district1 ,westlands ,distribution ,district ,no4 #a1 and ,westlands ,distribution ,district ,no4 #b existing as of the date of the execution of the ,westlands ,agreement2 and 7,b7 any remaining repayment obligation under the ,april #a1 #aife1 repayment contract between the ,united ,states and ,westlands ,water ,district 7contract numbered #ad-jf-bjj-bjbj-;,a74 7#b7 ,limitation on relief ,repayment relief granted in paragraph 7#a7 shall not extend to-- 7,a7 ,westlands ,water ,district's operation and maintenance obligations1 whether payable to the ,united ,states or to an ,operating ,non-,federal ,entity2 7,b7 construction costs or other capitalized costs not yet allocated to or incurred by ,westlands ,water ,district as of the date of the ,westlands ,agreement1 including costs attributable to the ,folsom ,safety of ,dams modifications1 the ,b4,f4 ,sisk corrective action study1 or any ,safety of ,dams2 or 7,c7 the repayment of future capital costs incurred after the date of execution of the ,westlands ,agreement4 7c7 ,repayment of costs ,central ,valley ,project construction costs or other capitalized costs allocated to ,westlands ,water ,district after the date of the ,westlands ,agreement1 and properly assignable to ,westlands ,water ,district1 shall be repaid in not more than #e years after notification of the allocation of such amount of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law4 ,any additional costs that may have been assigned to ,westlands ,water ,district pursuant to paragraph 7#i77;,c77iv7 of the ,westlands ,agreement related to the ,central ,valley ,project final cost allocation shall be nonreimbursable4 7d7 ,applicability of certain provisions 7#a7 ,reclamation reform act ,upon discharge of the capital repayment obligation as provided in subsection 7b71 the provisions of section #bac 7a7 and 7b7 of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 shall be deemed to apply to lands in ,westlands ,water ,district1 and the ownership and full cost pricing limitations in any provision of ,federal reclamation law shall not apply to lands in the ,district notwithstanding the subsequent allocation of construction costs or other capitalized costs to the ,district4 ,these exemptions shall be carried out in accordance with the process set forth in the ,westlands ,agreement4 7#b7 ,other provisions ,nothing in this ,act is intended to relieve the ,san ,luis ,unit ,contractors of any other obligations under reclamation law including ,restoration ,fund charges pursuant to section #cdjg7;d7 of ,public ,law #ajb-ege4 #h4 ,transfer of title to certain facilities 7a7 ,in general ,upon the execution of the repayment contract1 or as soon thereafter as practicable1 the ,secretary shall transfer to ,westlands ,water ,district title to the following3 7#a7 ,san ,luis ,canal ,system1 excluding the main canal that is integrated with the ,california ,aqueduct4 ,these appurtenant features include-- 7,a7 internal water distribution system within ,westlands1 including approximately #a1jde miles of buried pipeline2 7,b7 pumping plants within ,westlands1 including-- 7i7 ,san ,luis ,canal ,left and ,right ,bank pumping plants2 7ii7 ,pumping ,plants ,p#a through ,p#ch located at the head end of the gravity laterals to supply the head required for the ,p laterals2 7iii7 ,pumping ,plants1 tanks1 reservoirs1 relift pumping plants to serve lands west of the ,san ,luis ,canal2 and 7iv7 ,pumping ,plant #g4je off ,lateral #g2 and 7,c7 related structures1 appurtenances1 pumping plants1 pumps1 motors1 meters1 valves1 tanks1 transformers1 and electrical equipment as specifically identified through the title transfer process of federally owned facilities1 equipment1 and real property4 7#b7 ,mendota ,pool diversion facilities operated by ,westlands ,water ,district ,system1 including the following3 7,a7 ,inlet ,canal from the ,fresno ,slough4 7,b7 ,pumping plants1 #f-a1 #f-b1 #g-a1 #g-b4 7,c7 ,related structures1 appurtenances1 pumps1 motors1 meters1 valves1 tanks1 transformers1 and electrical equipment as specifically identified through the title transfer process of federally owned facilities1 equipment1 and real property4 7#c7 ,pleasant ,valley ,system1 including the following3 7,a7 ,intake canal and pipeline4 7,b7 ,pleasant ,valley ,pumping ,plant4 7,c7 ,coalinga ,canal1 including related check structures1 turnouts1 and headworks4 7,d7 ,pleasant ,valley distribution system and pumping plants along the ,coalinga ,canal4 7,e7 ,related structures1 appurtenances1 pumps1 motors1 meters1 valves1 tanks1 transformers1 and electrical equipment as specifically identified through the title transfer process of federally owned facilities1 equipment1 and real property4 7#d7 ,drainage collection system1 including the following3 7,a7 ,carrier and collector pipelines1 sumps1 and sump pumps4 7,b7 ,san ,luis ,drain from ,sta #ffghde to ,sta #hebjbb4hg4 7,crossing with ,,dmc to ,laguna ,ave4 crossing47 7,c7 ,related structures1 appurtenances1 pumps1 motors1 meters1 valves1 tanks1 transformers1 and electrical equipment as specifically identified through the title transfer process of federally owned facilities1 equipment1 and real property4 7#e7 ,tranquillity ,field ,office1 including the following3 7,a7 ,buildings at #cbfej ,west ,adams ,avenue1 ,tranquillity1 ,,ca #icffh4 7,b7 ,all related fixtures and furnishings as specifically identified through the title transfer process of federally owned facilities1 equipment1 and real property4 7#f7 ,huron field office1 including the following3 7,a7 ,buildings at #cbdej ,south ,lassen ,avenue1 ,huron1 ,,ca #icbcd4 7,b7 ,all related fixtures and furnishings as specifically identified through the title transfer process of federally owned facilities1 equipment1 and real property4 7#g7 ,all real property interests held by the ,united ,states in lands underlying or otherwise associated with the facilities and equipment listed in this subsection 7a71 including all fee title1 easements1 and rights of way4 7b7 ,payment of costs ,except as specifically provided in this ,act1 any transfer of title to the ,pleasant ,valley ,pumping ,plant1 the ,coalinga ,canal1 and any associated facilities shall not relieve any other ,project ,water service or repayment contractor of the requirement to pay any allocated costs associated with those conveyance or pumping facilities that are properly allocated to those contractors under existing law and ,project ratesetting policies4 7c7 ,liability on transfer of title ,upon transfer of title to any facilities pursuant to subsection 7a71 ,westlands ,water ,district shall1 as a condition to such transfer1 formally agree as of the date of transfer to-- 7#a7 hold the ,united ,states harmless and indemnify the ,united ,states for any and all claims1 cost1 damages1 and judgments of any kind arising out of any act1 omission1 or occurrence relating to the transferred facilities1 except for such claims1 costs1 damages arising from acts of negligence committed by the ,united ,states or by its employees1 agents1 or contractors1 prior to the date of title transfer1 for which the ,united ,states is found liable under the ,federal ,tort ,claims ,act2 and 7#b7 assume full responsibility for correcting and financing any repairs or deficiencies that may exist at the time of or following title transfer4 7d7 ,compliance ,the ,secretary and ,westlands ,water ,district shall comply with all applicable requirements under ,federal and ,california law before title to a facility is transferred pursuant to this section4 #i4 ,compliance with applicable law ,in implementing the measures authorized by this ,act1 the ,secretary shall comply with all applicable ,federal laws1 rules1 and regulations1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 as necessary4 #aj4 ,no water supply or financial impacts on other central valley project contractors ,implementation of this ,act and the ,agreements authorized thereunder shall not-- 7#a7 result in the involuntary reduction in the contract water allocation to any ,central ,valley ,project long-term water service1 repayment1 settlement1 exchange1 or refuge contractor1 including contractors in the ,friant ,division of the ,central ,valley ,project2 7#b7 modify1 amend or affect any of the rights and obligations of the parties to any ,central ,valley ,project long-term water service1 repayment1 settlement1 exchange1 or refuge contract1 including contracts in the ,friant ,division of the ,central ,valley ,project2 7#c7 alter the repayment obligation of any long-term water service1 repayment1 or settlement contractor receiving water or power from the ,central ,valley ,project1 or shift any costs to other such contractors that would otherwise have been properly assignable to ,san ,luis ,unit ,contractors under this ,act1 including operations and maintenance costs1 construction costs1 or other capitalized costs allocated to ,san ,luis ,unit ,contractors after the date of the enactment of this ,act2 7#d7 impair the ability of the ,united ,states to implement paragraph #af 7,the ,water ,management ,goal7 of the ,stipulation of ,settlement entered by the parties to ,natural ,resources ,defense ,council1 et al4 v4 ,rogers1 et al4 7,case ,,no ,,civ ,s-#hh-afeh 7,,lkk_/,,ggh7 ,e4,d4,cal471 dated ,september #ac1 #bjjf1 as authorized to be implemented by title ,x of ,public ,law #aaa-aa2 or 7#e7 diminish1 impair1 or otherwise affect in any manner any priorities for the allocation1 delivery1 or use of water under applicable law1 including any purposes of use and priorities established by sections #cdjb and #cdjf of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf74 #aa4 ,restoration ,fund payments by westlands water district ,for the purpose of avoiding a shift of ,central ,valley ,project ,restoration ,fund payments from ,westlands ,water ,district to ,central ,valley ,project preference power contractors1 for any year in which the allocation of water for south-of-,delta ,central ,valley ,project long-term water service contractors or repayment contractors is greater than #ge percent1 the ,secretary shall calculate for ,westlands ,water ,district a per acre foot ,restoration ,fund payment based on a projection that ,westlands ,water ,district would take delivery of the allocation made to south-of-,delta ,central ,valley ,project long-term water service contractors or repayment contractors4