,,ib ,union ,calendar ,no4 #bec #aaeth ,,congress #ast ,session ,h4 ,r4 #agfi ,report ,no4 #aae-cdi ,,in ,,the ,,house ,,of ,,representatives ,march #bh1 #bjag ,mr4 ,valadao introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,october #af1 #bjag ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,march #bh1 #bjag ,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 agreement4 ,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 ,central valley project improvement act of #aiib definitions ,as used herein1 the terms repayment contractor1 water service contractor1 water service contract1 exchange contractor1 exchange contract1 water rights settlement contractor1 water rights settlement contract1 refuge contractor1 and refuge contract shall have the same meanings respectively as each of those terms has in title ,,xxxiv of the ,central ,valley ,project ,improvement ,act of #aiib 7#ajf ,stat4 #dgjf74 7#b7 ,condition of shortage ,the term ,condition of ,shortage means ,condition of ,shortage as that term is defined in existing ,san ,luis ,unit water service contracts4 7#c7 ,contracting officer ,the term ,contracting ,officer means ,contracting ,officer as that term is defined in existing ,san ,luis ,unit water service contracts4 7#d7 ,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#e7 ,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#f7 ,repayment contract ,the term repayment contract means the repayment contract converted under section #f7;a74 7#g7 ,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#h7 ,san ,luis ,unit ,the term ,san ,luis ,unit means those lands identified in section #a of the ,san ,luis ,act4 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aj7 ,westlands ,agreement ,the term ,westlands ,agreement means the ,agreement between the ,united ,states and ,westlands ,water ,district ,august #bjae1 signed ,september #ae1 #bjae4 7#aa7 ,westlands ,the term ,westlands means the ,westlands ,water ,district 7including ,broadview ,water ,district lands annexed within ,westlands ,water ,district7 located in ,fresno and ,kings ,counties1 ,california4 #c4 ,approval of agreement ,notwithstanding any other provision of law1 unless otherwise specified herein1 the ,westlands ,agreement is approved and the ,secretary is hereby directed to implement the terms and conditions of the ,westlands ,agreement4 #d4 ,relief from drainage obligation ,the ,san ,luis ,act is amended as follows3 7#a7 ,in the second sentence of section #a7;a7 after the words related facilities11 strike but and add but such features do not include distribution systems or drains within ,westlands1 and4 7#b7 ,in the sixth sentence of section #a7;a71 by inserting the following at the end of the sentence before the period3 1 except that the provision of drainage or drainage service under section #a7;a7 shall not apply to lands within ,westlands4 7#c7 ,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 ,westlands4 ,westlands shall be responsible for the management of drainage water within its boundaries1 in accordance with ,federal and ,california law consistent with the ,agreement between the ,united ,states and ,westlands ,water ,district ,august #bjae1 signed ,september #ae1 #bjae44 7#d7 ,in the first sentence of section #h by striking the words other than distribution systems and drains14 7#e7 ,in the third sentence of section #h1 strike everything between the word required through and including 7b71 inserting a period following the word unit1 and striking the remainder of the proviso in section #h4 #e4 ,drainage implementation ,upon enactment of this ,act1 and as provided in the ,westlands ,agreement1 ,westlands shall assume all legal responsibility for the management of drainage water within its boundaries in accordance with ,federal and ,california law1 provided that ,westlands shall not discharge drainage water outside of its boundaries4 #f4 ,water delivery contracts 7a7 ,contract conversion ,the ,secretary shall convert ,westlands' existing long-term or interim renewal water service contracts entered into under section #i7;e7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif71 to a repayment contract under sections #i7;d7 and #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie1 #aaid71 consistent with the ,westlands ,agreement4 ,such contract shall continue so long as ,westlands fulfills its obligations under the contract4 7b7 ,allocation decisions 7#a7 ,notwithstanding subsection 7a7 and as provided in the ,westlands ,agreement1 the ,secretary shall make allocation decisions in the ,project affecting ,westlands consistent with the requirements of all current or future enacted ,federal law including1 but not limited1 to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 ,reclamation law1 and all decisions of the ,california ,state ,water ,resources ,control ,board establishing conditions on applicable licenses and permits for the ,central ,valley ,project4 7#b7 ,conversion of ,westlands' contracts in subsection 7a7 shall not afford ,westlands a greater or lesser right to an annual allocation of ,project ,water than it had prior to the conversion of its contract under this ,act4 7#c7 ,if there is a ,condition of ,shortage in the amount of water available for delivery to ,westlands because of errors in physical operations of the ,project1 drought1 other physical causes beyond the control of the ,contracting ,officer or actions taken by the ,contracting ,officer to meet legal obligations1 no liability shall accrue against the ,united ,states or any of its officers1 agents or employees for any damage1 direct or indirect1 arising therefrom4 7c7 ,water service contract for ,lemoore ,naval ,air ,station 7#a7 ,the ,secretary shall enter into a contract under section #i7;d7 and #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie1 #aaid71 with the ,secretary of the ,navy for the delivery of ,project ,water to the ,lemoore ,naval ,air ,station to meet the needs1 as determined under paragraph 7#b71 of ,lemoore ,naval ,air ,station1 and all associated remaining repayment obligations owing to the ,united ,states on the date of enactment of this ,act are discharged1 and the ,secretary shall certify that the lands within the ,lemoore ,naval ,air ,station are free from the ownership and full cost pricing limitations of ,federal ,reclamation law4 ,such contract shall continue so long as the ,secretary of the ,navy pays all applicable charges consistent with applicable law4 7#b7 ,the contract amount of ,project ,water made available to the ,lemoore ,naval ,air ,station under the contract entered into pursuant to paragraph 7#a7 shall be determined by the ,secretary through technical analysis in cooperation with the ,lemoore ,naval ,air ,station4 7#c7 ,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 to ,lemoore ,naval ,air ,station in the same percentage as allocated to municipal and industrial water service contractors in the ,san ,luis ,unit of the ,project4 #g4 ,repayment obligations 7a7 ,suspension of capital obligation ,upon enactment of this ,act1 ,westlands' capital repayment obligation and payments under its existing water service contracts and the ,april #a1 #aife1 repayment contract between the ,united ,states and ,westlands 7contract numbered #ad-jf-bjj-bjbj-;,a7 as further defined in subsection 7d71 shall be suspended until the execution of the section #i7;d7 repayment contract referenced in section #f7;a7 of this ,act1 and upon execution of the section #i7;d7 repayment contract1 ,westlands shall receive a credit against future operation and maintenance costs payable to the ,united ,states in the amount of the capital costs under the existing water service contracts and the #aife ,repayment ,contract paid by ,westlands between the date of the ,westlands ,agreement and the date of enactment of this ,act4 7b7 ,costs ,costs incurred by the ,united ,states for purposes of re-evaluating1 planning1 or providing drainage service to ,westlands shall be non-reimbursable as set forth in paragraph 7#i77;,c77iv7 of the ,westlands ,agreement4 7c7 ,relief of capital repayment obligations 7#a7 ,upon the date of execution of the section #i7;d7 repayment contracts referenced in section #f7;a7 of this ,act1 and as set forth in the ,westlands ,agreement1 ,westlands shall be relieved of-- 7,a7 its capital repayment obligations under the ,june #e1 #aifc1 water service contract between the ,united ,states and ,westlands 7contract number #ad-jf-bjj-die-;,a7 providing for water service1 or any renewals thereof1 and any water service contracts assigned to ,westlands1 ,westlands ,distribution ,district ,no4 #a1 and ,westlands ,distribution ,district ,no4 #b existing as of the date of execution of the ,westlands ,agreement2 and 7,b7 ,westlands shall be relieved of any remaining repayment obligation under the ,april #a1 #aife1 repayment contract between the ,united ,states and ,westlands 7contract numbered #ad-jf-bjj-bjbj-;,a74 7#b7 ,repayment relief granted in paragraph 7#a7 shall not extend to ,westlands' operation and maintenance obligations1 whether payable to the ,united ,states or to an operating non-,federal entity1 or to construction costs or other capitalized costs not yet allocated to or incurred by ,westlands as of the date of the ,westlands ,agreement1 respectively1 including1 but not limited to costs attributable to the ,folsom ,safety of ,dams modifications1 or the ,b4,f4 ,sisk corrective action study1 or any ,safety of ,dams or to the repayment of future capital costs incurred after the date of execution of the ,westlands ,agreement4 7#c7 ,central ,valley ,project construction costs or other capitalized costs allocated to ,westlands after the date of the ,westlands ,agreement1 and properly assignable to ,westlands1 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 pursuant to paragraph 7#i77;,c77iv7 of the ,westlands ,agreement related to the ,central ,valley ,project final cost allocation shall be non-reimbursable4 7d7 ,applicability of certain provisions 7#a7 ,reclamation reform act ,upon discharge of the capital repayment obligation as provided in subsection 7c71 the provisions of section #bac7;a7 and 7b7 of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 shall be deemed to apply to lands in ,westlands1 and the ownership and full cost pricing limitations in any provision of ,federal reclamation law shall not apply to lands in ,westlands notwithstanding the subsequent allocation of construction costs or other capitalized costs to ,westlands4 ,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 ,westlands 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 section #i7;d7 repayment contract1 or as soon thereafter as practicable1 the ,secretary shall transfer to ,westlands title to3 7#a7 ,san ,luis ,canal ,system1 excluding the main canal which is integrated with the ,california ,aqueduct4 ,these appurtenant features include3 7,a7 ,internal water distribution system within ,westlands1 including approximately #a1jde miles of buried pipeline4 7,b7 ,pumping plants within ,westlands1 including3 ,san ,luis ,canal ,left and ,right ,bank pumping plants which includes but is not limited to1 ,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 and pumping plants1 tanks1 reservoirs1 and re-lift pumping plants to serve lands west of the ,san ,luis ,canal2 and ,pumping ,plant #g4je off ,lateral #g4 7,c7 ,related structures1 appurtenances1 pumping plants1 pumps1 motors1 meters1 valves1 tanks1 transformers 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 ,westlands1 including3 7,a7 ,inlet ,canal from the ,fresno ,slough4 7,b7 ,pumping plants #f-a1 #f-b1 #g-a1 #g-b4 7,c7 ,related structures1 appurtenances1 pumps1 motors1 meters1 valves1 tanks1 transformers and electrical equipment as specifically identified through the title transfer process of federally owned facilities1 equipment1 and real property4 7#c7 ,pleasant ,valley ,system1 including3 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 transformers and electrical equipment as specifically identified through the title transfer process of federally owned facilities1 equipment1 and real property4 7#d7 ,drainage collection system1 including3 7,a7 ,carrier and collector pipelines1 sumps1 and sump pumps4 7,b7 ,san ,luis ,drain from ,sta #ffghde to ,sta #hebjbb4hg 7,crossing with ,,dmc to ,laguna ,ave4 crossing74 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 including3 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 including3 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 subsection1 including all fee title1 easements1 and rights of way4 7b7 ,transfer of title ,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 rate setting policies4 7c7 ,condition of transfer ,upon transfer of title to any facilities pursuant to this section1 ,westlands shall1 as a condition to such transfer1 formally agree that as of the date of transfer-- 7#a7 to 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 the ,united ,states shall have no responsibility for correcting and financing any repairs or deficiencies that may exist at the time of or following title transfer4 7d7 ,applicable ,law ,the ,secretary shall transfer title pursuant to this section consistent with all applicable ,federal ,reclamation policies and procedures4 ,the ,secretary and ,westlands 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 ,project water service or repayment contractor1 water rights settlement contractor1 exchange contractor1 or refuge contractor including contractors in the ,friant ,division of the ,project2 7#b7 modify1 amend or affect any of the rights or obligations of the parties to any ,project water service or repayment contract1 water rights settlement contract1 exchange contract1 or refuge contract1 including contracts in the ,friant ,division of the ,project2 7#c7 alter the repayment obligation1 if any1 of any ,project-- 7,a7 water service or repayment contractor2 7,b7 settlement1 refuge1 or exchange contractor2 or 7,c7 preference power contractor receiving water or power from the ,project1 or shift any costs to such contractors that would otherwise have been properly assignable to ,westlands1 including operations and maintenance costs1 construction costs1 or other capitalized costs allocated to ,westlands after the date of this ,act2 7#d7 impair the ability of the ,united ,states to implement the ,stipulation of ,settlement approved by the district court in ,natural ,resources ,defense ,council1 et al4 v4 ,rogers1 et al4 7,case ,no4 ,,civ ,s-#hh-afeh 7,,lkk_/,,ggh7 ,e4,d4,cal471 on ,october #bc1 #bjjf1 as authorized to be implemented by title ,x of ,public ,law #aaa-aa1 including the ,restoration ,goal and ,water ,management ,goal2 and 7#e7 diminish1 impair1 or otherwise affect in any manner any priorities for the allocation1 delivery 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 #dgjf1 #dgad74 #aa4 ,restoration ,fund payments by ,westlands ,water ,district ,for any year in which the allocation of water for south-of-,delta ,project long-term water irrigation service contractors or irrigation repayment contractors is greater than #ge percent1 the ,secretary shall calculate for ,westlands a per acre foot ,restoration ,fund payment based on a projection that ,westlands would take delivery of the full allocation made to south-of-,delta ,project long-term water service contractors or repayment contractors4 ,october #af1 #bjag ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed