,,ii  #aahth ,,congress  #b;d ,session  
,s4 #edci  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #e1  
#bjbd,mr4 ,kelly 7for himself and ,mr4  
,padilla7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,environment and      
,public ,works  ,a ,,bill  ,to provide  
for water conservation1 drought         
operations1 and drought resilience at   
water resources development projects1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,drought ,resilient ,infrastructure ,act
 of #bjbd4  #b4 ,definition of          
,secretary ,in this ,act1 the term      
,secretary means the ,secretary of the  
,army4  #c4 ,declaration of policy  7a7 
,in general ,it is the policy of the    
,united ,states for the ,corps of       
,engineers1 consistent with applicable  
statutory authorities-- 7#a7 to maximize
 opportunities for water supply1 water  
conservation measures1 and drought      
resiliency efforts at and in the        

operation of water resources development
 projects2  7#b7 in accordance with     
section #cja7;a7 of the ,water ,supply  
,act of #aieh 7#dc ,u4,s4,c4 #cij;b7a771
 to participate and cooperate with      
,states and local interests in          
developing water supplies for domestic1 
municipal1 industrial1 and other        
authorized purposes in connection with  
the construction1 maintenance1 and      
operation of water resources development
 projects2 and  7#c7 in coordination    
with non-,federal interests1 to enable  
the adoption of water conservation      
measures and drought resiliency measures
 that are in alignment with the         
authorized purposes of water resources  
development projects4  7b7 ,full        
consideration ,in support of subsection 
7a71 the ,secretary shall give full     
consideration to requests and proposals 
from non-,federal interests to utilize  
the authorities of the ,corps of        
,engineers in furtherance of water      
supply features1 water conservation     

measures1 and drought resiliency efforts
 that are in alignment the authorized   
purposes of water resources development 
projects4  7c7 ,limitation ,nothing in  
this section-- 7#a7 affects1 modifies1  
or changes-- 7,a7 the authority of a    
,state to manage1 use1 or allocate the  
water resources of that ,state2  7,b7   
any water right in existence on the date
 of enactment of this ,act2  7,c7 any   
existing water supply agreements between
 the ,secretary and a non-,federal      
interest2  7,d7 the authorized purposes 
of a water resources development        
project2 or  7,e7 any existing ,corps of
 ,engineers authorities2  7#b7 preempts 
or affects any ,state water law or      
interstate compact governing water2     
7#c7 diminishes the other priorities and
 the primary or secondary missions of   
the ,corps of ,engineers2 or  7#d7 shall
 be interpreted to supersede or modify  
any written agreement between the       
,federal ,government and a non-,federal 
interest that is in effect on the date  

of enactment of this ,act4  #d4         
,forecast-informed reservoir operations 
7a7 ,in general ,in updating a water    
control manual for any reservoir        
constructed1 owned1 or operated by the  
,secretary1 including a reservoir for   
which the ,secretary is authorized to   
prescribe regulations for the use of    
storage allocated for flood control or  
navigation pursuant to section #g of the
 ,act of ,december #bb1 #aidd 7commonly 
known as the ,flood ,control ,act of    
#aidd7 7#eh ,stat4 #hij1 chapter #ffe2  
#cc ,u4,s4,c4 #gji71 the ,secretary     
shall1 to the maximum extent            
practicable1 incorporate the use of     
forecast-informed reservoir operations1 
subject to the availability of          
appropriations4  7b7 ,guidelines ,the   
,secretary1 in coordination with        
relevant ,federal and ,state agencies   
and non-,federal interests1 shall issue 
clear and concise guidelines for        
incorporating the use of                
forecast-informed reservoir operations  

into water control manuals for          
reservoirs described in subsection 7a74 
7c7 ,assessment  7#a7 ,requirement ,the 
,secretary shall carry out an assessment
 of geographically diverse reservoirs   
described in subsection 7a7 to determine
 the viability of using                 
forecast-informed reservoir operations  
at such reservoirs4  7#b7 ,priority     
areas ,in carrying out the assessment   
described in paragraph 7#a71 the        
,secretary shall include an assessment  
of-- 7,a7 each reservoir located in the 
,south ,pacific ,division of the ,corps 
of ,engineers2 and  7,b7 reservoirs     
located in each of the ,northwestern    
,division and the ,south ,atlantic      
,division of the ,corps of ,engineers4  
7#c7 ,consultation ,in carrying out this
 subsection1 the ,secretary shall       
consult with relevant ,federal and      
,state agencies and non-,federal        
interests4  7d7 ,savings provision      
,nothing in this section preempts or    
affects any ,state water law or any     

interstate compact governing water1 or  
otherwise restricts1 affects1 or amends 
any other law or the authority of any   
department1 instrumentality1 or agency  
of the ,united ,states related to the   
operation of reservoirs described in    
subsection 7a74  #e4 ,updates to certain
 water control manuals ,section #haji of
 the ,water ,resources ,development ,act
 of #bjbb 7#acf ,stat4 #cgjb7 is amended
 by inserting or that incorporate the   
use of forecast-informed reservoir      
operations into such manuals before the 
period at the end4  #f4 ,emergency      
drought operations pilot program  7a7   
,definition of covered project ,in this 
section1 the term covered project means 
a project-- 7#a7 that is located in the 
,state of ,california1 the ,state of    
,nevada1 or the ,state of ,arizona2 and 
7#b7 7,a7 of the ,corps of ,engineers   
for which water supply is an authorized 
purpose2 or  7,b7 for which the         
,secretary develops a water control     
manual under section #g of the ,act of  

,december #bb1 #aidd 7commonly known as 
the ,flood ,control ,act of #aidd7 7#eh 
,stat4 #hij1 chapter #ffe2 #cc ,u4,s4,c4
 #gji74  7b7 ,emergency operation during
 drought ,consistent with other         
authorized project purposes and in      
coordination with the non-,federal      
interest1 in operating a covered project
 during a drought emergency in the      
project area1 the ,secretary may carry  
out a pilot program to operate the      
covered project with water supply as the
 primary project purpose4  7c7 ,updates 
,in carrying out this section1 the      
,secretary may update the water control 
manual for a covered project to include 
drought operations and contingency      
plans4  7d7 ,requirements ,in carrying  
out subsection 7b71 the ,secretary shall
 ensure that-- 7#a7 operations described
 in that subsection-- 7,a7 are          
consistent with water management        
deviations and drought contingency plans
 in the water control manual for the    
covered project2  7,b7 impact only the  

flood pool managed by the ,secretary2   
and  7,c7 shall not be carried out in   
the event of a forecast or anticipated  
flood or weather event that would       
require flood risk management to take   
precedence2  7#b7 to the maximum extent 
practicable1 the ,secretary uses        
forecast-informed reservoir operations2 
and  7#c7 the covered project returns to
 the operations that were in place prior
 to the use of the authority provided   
under that subsection at a time         
determined by the ,secretary1 in        
coordination with the non-,federal      
interest4  7e7 ,contributed funds ,the  
,secretary may receive and expend funds 
contributed by a non-,federal interest  
to carry out activities under this      
section4  7f7 ,report  7#a7 ,in general 
,not later than #b years after the date 
of enactment of this ,act1 the          
,secretary shall submit to the          
,committee on ,environment and ,public  
,works of the ,senate and the ,committee
 on ,transportation and ,infrastructure 

of the ,house of ,representatives a     
report on the pilot program carried out 
under this section4  7#b7 ,inclusions   
,the ,secretary shall include in the    
report under paragraph 7#a7 a           
description of the activities of the    
,secretary that were carried out for    
each covered project and any lessons    
learned from carrying out those         
activities4  7g7 ,limitations ,nothing  
in this section-- 7#a7 affects1         
modifies1 or changes the authorized     
purposes of a covered project2  7#b7    
affects existing ,corps of ,engineers   
authorities1 including authorities with 
respect to navigation1 hydropower1 flood
 damage reduction1 and environmental    
protection and restoration2  7#c7       
affects the ability of the ,corps of    
,engineers to provide for temporary     
deviations2  7#d7 affects the           
application of a cost-share requirement 
under section #aja1 #ajb1 or #ajc of the
 ,water ,resources ,development ,act of 
#aihf 7#cc ,u4,s4,c4 #bbaa1 #bbab1      

#bbac72  7#e7 supersedes or modifies any
 written agreement between the ,federal 
,government and a non-,federal interest 
that is in effect on the date of        
enactment of this ,act2  7#f7 supersedes
 or modifies any amendment to an        
existing multistate water control plan  
for the ,colorado ,river ,basin1 if     
applicable2  7#g7 affects any water     
right in existence on the date of       
enactment of this ,act2  7#h7 preempts  
or affects any ,state water law or      
interstate compact governing water2     
7#i7 affects existing water supply      
agreements between the ,secretary and a 
non-,federal interest2 or  7#aj7 affects
 any obligation to comply with the      
provisions of any ,federal or ,state    
environmental law1 including-- 7,a7 the 
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcba et seq472   
7,b7 the ,federal ,water ,pollution     
,control ,act 7#cc ,u4,s4,c4 #abea et   
seq472 and  7,c7 the ,endangered        
,species ,act of #aigc 7#af ,u4,s4,c4   

#aeca et seq474  #g4 ,leveraging        
,federal infrastructure for increased   
water supply ,section #aaah7;i7 of      
,water ,resources ,development ,act of  
#bjaf 7#dc ,u4,s4,c4 #cij;b-#b7;i77 is  
amended by striking paragraph 7#b7 and  
inserting the following3  7#b7          
,contributed funds for other ,federal   
reservoir projects  7,a7 ,in general    
,the ,secretary is authorized to receive
 and expend funds from a non-,federal   
interest or a ,federal agency that owns 
a ,federal reservoir project described  
in subparagraph 7,b7 to formulate1      
review1 or revise operational documents 
pursuant to a proposal submitted in     
accordance with subsection 7a7 for such 
a ,federal reservoir project4  7,b7     
,federal reservoir projects described ,a
 ,federal reservoir project referred to 
in subparagraph 7,a7 is a reservoir for 
which the ,secretary is authorized to   
prescribe regulations for the use of    
storage allocated for flood control or  
navigation pursuant to section #g of the

 ,act of ,december #bb1 #aidd 7commonly 
known as the ,flood ,control ,act of    
#aidd7 7#eh ,stat4 #hij1 chapter #ffe2  
#cc ,u4,s4,c4 #gji74  4  #h4 ,studies   
for modification of project purposes in 
the ,colorado ,river ,basin in ,arizona 
7a7 ,study ,the ,secretary shall carry  
out a study of a project of the ,corps  
of ,engineers in the ,colorado ,river   
,basin in the ,state of ,arizona to     
determine whether to include water      
supply as a project purpose of that     
project if a request for such a study to
 modify the project purpose is made to  
the ,secretary by-- 7#a7 the            
non-,federal interest for the project2  
or  7#b7 in the case of a project for   
which there is no non-,federal interest1
 the ,governor of the ,state of         
,arizona4  7b7 ,coordination ,the       
,secretary1 to the maximum extent       
practicable1 shall coordinate with      
relevant ,state and local authorities in
 carrying out this section4  7c7        
,recommendations ,if1 after carrying out

 a study under subsection 7a7 with      
respect to a project described in that  
subsection1 the ,secretary determines   
that water supply should be included as 
a project purpose for that project1 the 
,secretary shall submit to the          
,committee on ,environment and ,public  
,works of the ,senate and the ,committee
 on ,transportation and ,infrastructure 
of the ,house of ,representatives a     
recommendation for the modification of  
the project purpose of that project4    
#i4 ,invasive species that exacerbate   
drought ,section #bjf of the ,water     
,resources ,development ,act of #aiif   
7#cc ,u4,s4,c4 #bccj7 is amended-- 7#a7 
in subsection 7a71 by adding at the end 
the following3  7#d7 ,drought resilience
 ,a project under this section may      
include measures that enhance drought   
resilience through the restoration of   
wetlands or the removal of invasive     
species4  2  7#b7 in subsection 7b71 by 
adding at the end the following3  7#c7  
,anadromous fish ,notwithstanding       

paragraph 7#a71 for projects carried out
 under subsection 7a77#c71 the          
non-,federal interest shall provide #ae 
percent of the cost of construction1    
including provision of all lands1       
easements1 rights-of-way1 and necessary 
relocations4  2  7#c7 in subsection 7d71
 by striking #aj1jjj1jjj and inserting  
#ae1jjj1jjj2 and  7#d7 in subsection    
7f71 by striking #fb1ejj1jjj and        
inserting #ge1jjj1jjj4  #aj4 ,project   
modifications for improvement of        
environment or drought resiliency       
,section #aace of the ,water ,resources 
,development ,act of #aihf 7#cc         
,u4,s4,c4 #bcji;a7 is amended-- 7#a7 in 
the section heading1 by inserting or    
drought resiliency after environment2   
7#b7 in subsection 7a7-- 7,a7 by        
striking for the purpose of improving   
and inserting the following3 for the    
purpose of-- 7#a7 improving  2  7,b7 in 
paragraph 7#a7 7as so designated71 by   
striking the period at the end and      
inserting 2 or2 and  7,c7 by adding at  

the end the following3  7#b7 providing  
drought resiliency4  2  7#c7 in         
subsection 7b71 by striking 7#b7 will   
improve and inserting 7#b7 will provide 
for drought resilience or will improve2 
7#d7 in subsection 7d71 in the third    
sentence1 by striking #aj1jjj1jjj and   
inserting #ae1jjj1jjj2  7#e7 in         
subsection 7h71 by striking #ej1jjj1jjj 
and inserting #fb1jjj1jjj2 and  7#f7 by 
adding at the end the following3  7j7   
,drought resilience ,drought resilience 
measures carried out under this section 
may include-- 7#a7 water conservation   
measures to mitigate and address drought
 conditions2  7#b7 removal of sediment  
captured behind a dam for the purpose of
 restoring or increasing the authorized 
storage capacity of the project         
concerned2  7#c7 the planting of native 
plant species that will reduce the risk 
of drought and the incidence of         
nonnative species2 and  7#d7 other      
actions that increase drought           
resilience1 water conservation1 or water

 availability4  4  #aa4 ,silver ,jackets
 program ,the ,secretary shall continue 
the ,silver ,jackets program established
 by the ,secretary pursuant to section  
#bjf of the ,flood ,control ,act of     
#aifj 7#cc ,u4,s4,c4 #gji;a7 and section
 #bjd of the ,robert ,t4 ,stafford      
,disaster ,relief and ,emergency        
,assistance ,act 7#db ,u4,s4,c4 #eacd74