Necessary to Ensure Expeditious Delivery of Water Act or the NEED Water Act
This bill addresses drought in California.
The bill requires the Department of Commerce and the Department of the Interior to direct the operations of the Central Valley Project and allow operations of the State Water Project ( both in California) to provide the maximum quantity of water supplies possible to (1) the Central Valley Project agricultural, municipal and industrial, and refuge service and repayment contractors; and (2) State Water Project contractors.
The bill extends the authority for the funding of federally owned storage projects and state-led storage projects that Interior determines to be feasible before January 1, 2031.
The bill extends various water projects in California until December 31, 2031.
The bill extends federal agency cooperation with state and local agencies to resolve water resource issues concerning the conservation of endangered species in any consultation or reconsultation on the coordinated operation of the Central Valley Project and the State Valley Project until December 31, 2036.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4018 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4018
To provide drought relief in the State of California, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2021
Mr. Valadao (for himself, Mr. McCarthy, Mr. Calvert, Mr. Garcia of
California, Mr. Issa, Mrs. Kim of California, Mr. LaMalfa, Mr.
McClintock, Mr. Nunes, and Mrs. Steel) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide drought relief in the State of California, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Necessary to Ensure Expeditious
Delivery of Water Act'' or the ``NEED Water Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RESPONDING TO CALIFORNIA'S DROUGHT EMERGENCY
Sec. 101. Definitions.
Sec. 102. Emergency projects.
Sec. 103. Progress report.
Sec. 104. Status of surface storage studies.
TITLE II--PROTECTION OF THIRD-PARTY WATER RIGHTS
Sec. 201. Offset for State Water Project.
Sec. 202. Area of origin protections.
Sec. 203. No redirected adverse impacts.
TITLE III--RENEW WIIN ACT
Sec. 301. Short title.
Sec. 302. Extension of authority.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Effect on existing obligations.
Sec. 402. Termination of authorities.
TITLE I--RESPONDING TO CALIFORNIA'S DROUGHT EMERGENCY
SEC. 101. DEFINITIONS.
In this Act:
(1) Central valley project.--The term ``Central Valley
Project'' has the meaning given the term in section 3403 of the
Central Valley Project Improvement Act (106 Stat. 4707).
(2) Delta.--The term ``Delta'' means the Sacramento-San
Joaquin Delta and the Suisun Marsh, as defined in sections
12220 and 29101 of the California Public Resources Code.
(3) Negative impact on the long-term survival.--The term
``negative impact on the long-term survival'' means to reduce
appreciably the likelihood of both the survival and recovery of
a listed species in the wild by reducing the reproduction,
numbers, or distribution of that species.
(4) Salmonid biological opinion.--The term ``salmonid
biological opinion'' means the biological opinion issued by the
National Marine Fisheries Service for long-term operations of
the Central Valley Project and State Water Project on October
21, 2019.
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Commerce; and
(B) the Secretary of the Interior.
(6) Smelt biological opinion.--The term ``smelt biological
opinion'' means the biological opinion issued by the United
States Fish and Wildlife Service for long-term operations of
the Central Valley Project and State Water Project on October
21, 2019.
(7) State.--The term ``State'' means the State of
California.
(8) State water project.--The term ``State Water Project''
means the water project described by California Water Code
section 11550 et seq. and operated by the California Department
of Water Resources.
SEC. 102. EMERGENCY PROJECTS.
(a) In General.--Subject to the priority of individuals or
entities, including those with Sacramento River Settlement Contracts,
that have priority to the diversion and use of water over water rights
held by the United States for operations of the Central Valley Project
and over rights held by the State for operations of the State Water
Project and the United States obligation to make a substitute supply of
water available to the San Joaquin River Exchange Contractors, the
Secretaries shall direct the operations of the Central Valley Project
and allow operations of the State Water Project to provide the maximum
quantity of water supplies possible to Central Valley Project
agricultural, municipal and industrial, and refuge service and
repayment contractors, and State Water Project contractors, by
approving, consistent with applicable laws (including regulations)--
(1) any project or operations to provide additional water
supplies if there is any possible way whatsoever that the
Secretaries can do so unless the project or operations
constitute a highly inefficient way of providing additional
water supplies; and
(2) any projects or operations as quickly as possible based
on available information to address the emergency conditions.
(b) Mandate.--In carrying out subsection (a), the applicable
Secretary shall--
(1) operate the Central Valley Project to meet the United
States contractual obligations under Sacramento River
Settlement Contracts and to make a substitute supply of water
available to the San Joaquin River Exchange Contractors;
(2) except as provided by this subsection, operate the
Central Valley Project in a manner consistent with the salmonid
biological opinion and the smelt biological opinion;
(3) authorize and implement actions to ensure that the
Delta Cross Channel Gates remain open to the maximum extent
practicable;
(4)(A) operate the Central Valley Project and allow
operations of the State Water Project within the ranges
provided for in the smelt biological opinion and the salmonid
biological opinion to minimize water supply reductions for the
Central Valley Project and the State Water Project, manage
reverse flow in Old and Middle Rivers at -5000 cubic feet per
second (cfs) unless current scientific data indicate a less
negative Old and Middle River flow is necessary to avoid a
significant negative impact on the long-term survival of a
listed species; and
(B) show in writing that any determination to manage OMR
reverse flow at rates less negative than -5000 cubic feet per
second is necessary to avoid a significant negative impact on
the long-term survival of the Delta smelt, including an
explanation of the data examined and the connection between
those data and the choice made prior to reducing pumping to a
rate less negative than -5000 cfs;
(5) adopt a 1:1 inflow to export ratio for the increment of
increased flow of the San Joaquin River, as measured as a 3-day
running average at Vernalis during the period from April 1
through May 31, resulting from voluntary sale, transfers, or
exchanges of water from agencies with rights to divert water
from the San Joaquin River or its tributaries consistent with
the Central Valley Project's and the State Water Project's
permitted water rights;
(6) issue all necessary permit decisions under the
authority of the Secretaries within 30 days of receiving a
completed application by the State to place and use temporary
barriers or operable gates in Delta channels to improve water
quantity and quality for Central Valley Project and State Water
Project contractors and other water users, which barriers or
gates should provide benefits for species protection and in-
Delta water user water quality and shall be designed such that
formal consultations under section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1536) would not be necessary;
(7)(A) complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
necessary to make final permit decisions on water transfer
requests associated with voluntarily fallowing nonpermanent
crops in the State, within 30 days of receiving such a request;
and
(B) allow any water transfer request associated with
fallowing to maximize the quantity of water supplies available
for nonhabitat uses as long as the fallowing and associated
water transfer are in compliance with applicable Federal laws
(including regulations);
(8) allow any North of Delta agricultural water service or
repayment contractor with unused Central Valley Project water
to take delivery of such unused water through April 15 of the
contract year immediately following the contract year in which
such water was allocated, if--
(A) the contractor requests the extension; and
(B) the requesting contractor certifies that,
without the extension, the contractor would have
insufficient supplies to adequately meet requests for
water deliveries within the contractor's service area;
(9) to the maximum extent possible based on the
availability and quality of groundwater and without causing
land subsidence--
(A) meet the Level 2 and Level 4 water supply needs
of units of the National Wildlife Refuge System in the
Central Valley of California, the Gray Lodge, Los
Banos, Volta, North Grasslands, and Mendota State
wildlife management areas, and the Grasslands Resources
Conservation District in the Central Valley of
California through the improvement or installation of
wells to use groundwater resources and the purchase of
water from willing sellers; and
(B) make a quantity of Central Valley Project water
obtained from the measures implemented under
subparagraph (A) available to Central Valley Project
water service or repayment contractors; and
(10) implement instream and offsite projects in the Delta
and upstream in the Sacramento River and San Joaquin basins, in
coordination with the California Department of Water Resources
and the California Department of Fish and Wildlife, that offset
the effects on species listed as threatened or endangered under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due
to actions taken under this Act.
(c) Other Agencies.--To the extent that a Federal agency other than
agencies headed by the Secretaries has a role in approving projects
described in subsections (a) and (b), the provisions of this section
shall apply to those Federal agencies.
(d) Accelerated Project Decision and Elevation.--
(1) In general.--Upon the request of the State, the heads
of Federal agencies shall use the expedited procedures under
this subsection to make final decisions relating to a Federal
project or operation to provide additional water supplies or
address emergency drought conditions pursuant to subsections
(a) and (b).
(2) Request for resolution.--
(A) In general.--Upon the request of the State, the
head of an agency referred to in subsection (a), or the
head of another Federal agency responsible for carrying
out a review of a project, as applicable, the Secretary
of the Interior shall convene a final project decision
meeting with the heads of all relevant Federal agencies
to decide whether to approve a project to provide
emergency water supplies.
(B) Meeting.--The Secretary of the Interior shall
convene a meeting requested under subparagraph (A) not
later than 7 days after receiving the meeting request.
(3) Notification.--Upon receipt of a request for a meeting
under this subsection, the Secretary of the Interior shall
notify the heads of all relevant Federal agencies of the
request, including the project to be reviewed and the date for
the meeting.
(4) Decision.--Not later than 10 days after the date on
which a meeting is requested under paragraph (2), the head of
the relevant Federal agency shall issue a final decision on the
project in writing.
(5) Meeting convened by secretary.--The Secretary of the
Interior may convene a final project decision meeting under
this subsection at any time, at the discretion of the
Secretary, regardless of whether a meeting is requested under
paragraph (2).
SEC. 103. PROGRESS REPORT.
Ninety days after the date of the enactment of this Act and every
90 days thereafter, the Secretaries shall provide a progress report
describing the implementation of sections 101 and 102 to the Committee
on Natural Resources in the House of Representatives and the Committee
on Energy and Natural Resources in the Senate.
SEC. 104. STATUS OF SURFACE STORAGE STUDIES.
One year after the date of the enactment of this Act, the Secretary
of the Interior shall provide a progress report on the status of
feasibility studies undertaken pursuant to section 102(d)(1) to the
Committee on Natural Resources in the House of Representatives and the
Committee on Energy and Natural Resources in the Senate. The report
shall include timelines for study completion, draft environmental
impact statements, final environmental impact statements, and Records
of Decision.
TITLE II--PROTECTION OF THIRD-PARTY WATER RIGHTS
SEC. 201. OFFSET FOR STATE WATER PROJECT.
(a) Implementation Impacts.--In the event operations of the State
Water Project are restricted under an incidental take permit issued by
the California Department of Fish and Wildlife for operations of the
State Water Project beyond restrictions imposed by the salmonid
biological opinion or smelt biological opinion, the Secretary of the
Interior shall operate the Central Valley Project, to the extent excess
capacity in Central Valley Project facilities exists, to divert water
that otherwise would have been diverted by the State Water Project.
Additional water diverted by the Central Valley Project pursuant to
this subsection shall be made available to the State Water Project for
delivery to State Water Project contractors to offset losses resulting
from the restrictions imposed by the incidental take permit.
(b) Notification Related to Water Availability.--The Secretary of
the Interior shall immediately notify the Director of the California
Department of Water Resources in writing if the Secretary of the
Interior determines that additional water will be made available to the
Stater Water Project as a result of the implementation of subsection
(a).
SEC. 202. AREA OF ORIGIN PROTECTIONS.
(a) In General.--The Secretary of the Interior is directed, in the
operation of the Central Valley Project, to adhere to California's
water rights laws governing water rights priorities and to honor water
rights senior to those held by the United States for operation of the
Central Valley Project, regardless of the source of priority, including
any appropriative water rights initiated prior to December 19, 1914, as
well as water rights and other priorities perfected or to be perfected
pursuant to California Water Code Part 2 of Division 2. Article 1.7
(commencing with section 1215 of chapter 1 of part 2 of division 2,
sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and
sections 12200 to 12220, inclusive).
(b) Diversions.--Any action undertaken by the Secretaries pursuant
to both this Act and section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) that requires that diversions from the
Sacramento River or the San Joaquin River watersheds upstream of the
Delta be bypassed shall not be undertaken in a manner that alters the
water rights priorities established by California law.
(c) Endangered Species Act.--Nothing in this title alters the
existing authorities provided to and obligations placed upon the
Federal Government under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(d) Contracts.--With respect to individuals and entities with water
rights on the Sacramento River, the mandates of this section may be
met, in whole or in part, through a contract with the Secretary
executed pursuant to section 14 of Public Law 76-260; 53 Stat. 1187 (43
U.S.C. 389) that is in conformance with the Sacramento River Settlement
Contracts renewed by the Secretary in 2005.
SEC. 203. NO REDIRECTED ADVERSE IMPACTS.
(a) In General.--The Secretary of the Interior shall ensure that,
except as otherwise provided for in a water service or repayment
contract, actions taken in compliance with legal obligations imposed
pursuant to or as a result of this Act, including such actions under
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) and other applicable Federal and State laws, shall not directly
or indirectly--
(1) result in the involuntary reduction of water supply or
fiscal impacts to individuals or districts who receive water
from either the State Water Project or the United States under
water rights settlement contracts, exchange contracts, water
service contracts, repayment contracts, or water supply
contracts; or
(2) cause redirected adverse water supply or fiscal impacts
to those within the Sacramento River watershed, the San Joaquin
River watershed or the State Water Project service area.
(b) Costs.--To the extent that costs are incurred solely pursuant
to or as a result of this Act and would not otherwise have been
incurred by any entity or public or local agency or subdivision of the
State of California, such costs shall not be borne by any such entity,
agency, or subdivision of the State of California, unless such costs
are incurred on a voluntary basis.
(c) Rights and Obligations Not Modified or Amended.--Nothing in
this Act shall modify or amend the rights and obligations of the
parties to any existing--
(1) water service, repayment, settlement, purchase, or
exchange contract with the United States, including the
obligation to satisfy exchange contracts and settlement
contracts prior to the allocation of any other Central Valley
Project water; or
(2) State Water Project water supply or settlement contract
with the State.
TITLE III--RENEW WIIN ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Responsible, No-Cost Extension of
Western Water Infrastructure Improvements Act'' or the ``RENEW WIIN
Act''.
SEC. 302. EXTENSION OF AUTHORITY.
Subtitle J of the Water Infrastructure Improvements for the Nation
Act (Public Law 114-322) is amended--
(1) in section 4007 (43 U.S.C. 390(b) note), in subsection
(i), by striking ``January 1, 2021'' and inserting ``January 1,
2031''; and
(2) in section 4013 (43 U.S.C. 390(b) note)--
(A) in the first sentence, by striking ``the date
that is 5 years after the date of its enactment'' and
inserting ``December 31, 2031''; and
(B) in paragraph (1), by striking ``10 years after
the date of its enactment'' and inserting ``on December
31, 2036''.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EFFECT ON EXISTING OBLIGATIONS.
Nothing in this Act modifies any existing obligation of the United
States under Federal reclamation law to operate the Central Valley
Project in conformity with State law relating to the control,
appropriation, use, or distribution of water, including established
water rights priorities.
SEC. 402. TERMINATION OF AUTHORITIES.
Title I and title II of this Act shall expire on September 30,
2023, or the date on which the Governor of the State suspends the state
of drought emergency declaration, whichever is later.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Sponsor introductory remarks on measure. (CR H3093)
Referred to the Subcommittee on Water, Oceans, and Wildlife.
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