HR-2898 : Still Just a Bill

Western Water and American Food Security Act of 2015

Defines: (1) "Delta" as the Sacramento-San Joaquin Delta and the Suisun Marsh; and (2) "negative impact on the long-term survival" as an appreciable reduction in the likelihood of the survival of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species.

TITLE I--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE

Requires the U.S. Fish and Wildlife Service (USFWS), by October 1, 2016, and at least every five years thereafter, to cooperate with federal, California, and local agencies to use updated scientific and commercial data to modify the calculation of incidental take levels for adult and larval/juvenile Delta smelt in the biological opinion for the Central Valley Project (CVP) and the State Water Project (SWP) issued by the USFWS on December 15, 2008.

Directs the USFWS to implement and make appropriate amendments to the reasonable and prudent alternative described in that smelt biological opinion. Requires the Department of the Interior to make all significant decisions in writing under the smelt opinion and any successor opinions affecting the CVP or the SWP.

Requires Interior, on an annual basis, to determine: (1) the extent that adult Delta smelt are distributed in relation to certain levels of turbidity or other environmental factors that may influence salvage rate, and (2) how the CVP and SWP may be operated to minimize salvage while maximizing export pumping rates without causing a significant negative impact on the long-term survival of the Delta smelt.

Requires Interior, if suspended sediment loads from the Sacramento River appear likely to raise turbidity levels in specified areas during each period from December through March, to conduct daily monitoring to determine how increased trawling can inform real-time CVP and SWP operations.

Directs Interior, by January 1, 2016, and at least every five years thereafter, in collaboration with the California Department of Fish and Wildlife (CDFW), the California Department of Water Resources, public water agencies, and other interested entities, to implement new targeted sampling and monitoring specifically designed to understand Delta smelt abundance, distribution, and habitats during all life stages.

Requires Interior, in implementing the smelt biological opinion pertaining to reverse flow in the Old and Middle River (OMR), to maximize CVP and SWP water supplies by managing export pumping rates to a reverse flow rate of -5,000 cubic feet per second, unless Interior provides documentation concluding that a less negative OMR flow rate is necessary to avoid a negative impact on the long-term survival of Delta smelt. Directs Interior to manage a more negative OMR flow rate if it can be established without an imminent negative impact.

Requires the Bureau of Reclamation (Reclamation) and the USFWS to execute a memorandum of understanding (MOU) to ensure that the smelt biological opinion is implemented in a manner that maximizes water supply while complying with applicable laws and regulations. Provides a framework under which reinitiation of consultation is unnecessary if any changes that the MOU makes to the biological opinion will not have a significant negative impact on the long-term survival on listed species and would not be a major change to implementation of the biological opinion. Prohibits procedural changes that do not create a significant negative impact on long-term survival from altering application of the take permitted by the incidental take statement in the biological opinion.

Directs Interior, for purposes of increasing CVP and SWP water supplies, to revise the method of calculating reverse flow in the OMR for implementation of the reasonable and prudent alternatives in the USFWS's smelt biological opinion, the salmonid biological opinion issued by the National Marine Fisheries Service (NMFS) on June 4, 2009, and any succeeding opinion.

TITLE II--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE

Establishes a process for Reclamation and the Assistant Administrator of National Oceanic and Atmospheric Administration for Fisheries to provide for implementation of the reasonable and prudent alternative described in the NMFS's salmonid biological opinion to be adjusted as new scientific and commercial data is developed.

Requires Interior and the Department of Commerce, annually, to direct Reclamation and the Assistant Administrator to implement certain recommended adjustments to project operations that, in the exercise of the adaptive management provisions of the salmonid biological opinion, will reduce water supply impacts of the salmonid biological opinion on the CVP and the SWP. Requires implementation of adjustments for which: (1) the net effect on listed salmonid species and the Delta smelt is equivalent to those of the underlying project operational parameters in the salmonid biological opinion, and (2) the effects of the adjustment can be expected to fall within incidental take authorizations.

Requires Reclamation and the Assistant Administrator to evaluate potential species survival improvements likely to result from other measures that, if implemented, would offset adverse effects.

Requires the Assistant Administrator to compare existing measures to increase through-Delta survival of salmonid through restrictions on export pumping rates to possible alternative management measures to increase salmonid survival through: (1) physical habitat restoration improvements, (2) predation control programs, (3) installation of temporary barriers or management of Cross Channel Gates operations, (4) salvaging near Clifton Court Forebay, or (5) conservation hatchery programs.

Directs Reclamation to implement such an alternative measure in order to increase export rates if the Assistant Administrator determines that: (1) the alternative measure is technically feasible and within federal jurisdiction, or (2) California or a local agency has certified that it has the authority and capability to implement the alternative measure.

Requires Commerce and California's Oakdale and South San Joaquin Irrigation Districts to conduct a nonnative predator fish removal program to remove nonnative striped bass, smallmouth bass, largemouth bass, black bass, and other nonnative predator fish species from the Stanislaus River. Requires the districts to be responsible for 100% of the cost of the program.

TITLE III--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF

Requires the Departments of Agriculture (USDA), Commerce, and the Interior to approve projects and operations to provide the maximum quantity of water supplies practicable (to all individuals or districts that receive CVP water under water service or repayment contracts, water rights settlement contracts, exchange contracts, or refuge contracts or agreements, to SWP contractors, and to any other tribe, locality, water agency, or municipality in California) to address the emergency drought conditions for the period of time such that in any year that the Sacramento Valley Index is 6.5 or lower, or at California's request, and until two succeeding years after either of those events has been completed where the final index is 7.8 or greater.

Provides for: (1) temporary barriers or operable gates to be designed so that formal consultations under the Endangered Species Act of 1973 (ESA) are not necessary; (2) adoption of a 1:1 inflow to export ratio under specified conditions, as measured as a three-day running average at Vernalis during the period beginning on April 1, and ending on May 31, absent a determination in writing that a more restrictive inflow to export ratio is required to avoid a significant negative impact on the long-term survival of a listed salmonid species under the ESA; and (3) water transfers through the C.W. "Bill" Jones Pumping Plant or the Harvey O. Banks Pumping Plant from April 1 to November 30 if the transfers comply with California law.

Provides expedited procedures for consideration of requests by the California governor relating to federal, state, or local projects or operations to provide relief for emergency drought conditions.

Allows USDA, Commerce, or Interior to deem alternative arrangements for a project to be in compliance with the National Environmental Policy Act of 1969 (NEPA) during emergency drought conditions if immediate implementation is necessary to address: (1) human health and safety, or (2) a specific and imminent loss of agriculture production upon which an identifiable region depends for 25% or more of its tax revenue used to support public services.

Sets forth requirements concerning: (1) development of drought plans; (2) operation of the Delta Cross Channel Gates; (3) the averaging period of the Delta Export/Inflow ratio pursuant to California State Water Resources Control Board decision D1641; (4) use of groundwater resources, implementation of offsite upstream projects in the Delta and upstream of the Sacramento River and San Joaquin basins, management of reverse flow in the OMR, and actions to expedite CVP water transfers; (5) a program to allow certain agricultural, refuge, municipal, and industrial water service contractors to reschedule water provided for under CVP contracts from one year to the next; and (6) implementation of the Modified Lower American River Flow Management Standard to improve water supply reliability for CVP American River water contractors and resource protection in the lower American River during consecutive dry years under current and future demand and climate change conditions.

Repeals the San Joaquin River Restoration Settlement Act and the related settlement. Deems certain fish and game requirements to be satisfied by the existence of a warm water fishery in the San Joaquin River that has an environment suitable for species of fish other than salmon and trout.

TITLE IV--CALFED STORAGE FEASIBILITY STUDIES

Establishes deadlines for water storage feasibility studies concerning specified dams and reservoirs under Calfed Bay-Delta Authorization Act.

Requires Interior, if it finds the Temperance Flat Reservoir Project on the Upper San Joaquin River to be feasible, to manage land recommended in the Bakersfield Field Office, Record of Decision and Approved Resource Management Plan (dated December 2014) for designation under the Wild and Scenic Rivers Act, regardless of whether Interior submits any official recommendation to Congress.

Allows Reclamation to partner or enter into an agreement on certain water storage projects identified in the Water Supply Reliability and Environmental Improvement Act 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 region.

Authorizes Interior to carry out feasible projects, but prohibits federal funds from being used for construction.

TITLE V--WATER RIGHTS PROTECTIONS

Directs Interior to confer with the CDFW on potential impacts to any consistency determination for operations of the SWP resulting from the implementation of this Act.

Requires Interior, in the operation of the CVP, to adhere to California laws governing water rights priorities and honor water rights senior to those held by the United States for operation of the CVP, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914.

Requires Interior to ensure that actions taken to comply with environmental laws do not: (1) result in the involuntary reduction of water supply or fiscal impacts to recipients of water from either the SWP or the United States, or (2) cause redirected adverse water supply or fiscal impacts to those within the Sacramento River or San Joaquin River watersheds or the SWP service area.

Directs Interior, in the operation of the CVP, to allocate water provided for irrigation purposes to existing CVP agricultural water service contractors within the Sacramento River Watershed in compliance with specified allocation percentages. Makes Interior's allocations subject to: (1) the priority of individuals or entities with Sacramento River water rights, (2) the U.S. obligation to make a substitute supply of water available to the San Joaquin River Exchange Contractors, and (3) Interior's obligation to make water available to managed wetlands pursuant to the Central Valley Project Improvement Act. Declares that Interior's allocation authority shall not be deemed to: (1) modify any provision of a water service contract that addresses municipal and industrial water shortage policies; (2) affect or limit Interior's authority to adopt, modify, or implement municipal and industrial water shortage policies; (3) affect allocations to CVP municipal and industrial contractors, including the utilization of such allocations as primary water sources for such contractors for purposes of calculating municipal and industrial water shortages; or (4) result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the Friant Division.

Requires Interior to develop and implement a program to allow existing CVP agricultural water service contractors within the Sacramento River Watershed to reschedule water, provided for under their water service contracts, from one year to the next.

Declares that nothing in this Act preempts or modifies any existing obligation of the United States under federal reclamation law to operate the CVP in conformity with state law, including established water rights priorities.

TITLE VI--MISCELLANEOUS

Includes the Kettleman City Community Services District within the CVP's authorized service area. Requires Interior to enter a long-term contract with such district for the delivery of up to 900 acre-feet of CVP water for municipal and industrial use, limited to the minimal quantity necessary to meet immediate needs if local supplies or SWP allocations are insufficient.

Amends the Central Valley Project Improvement Act to establish an advisory board to make recommendations to the Secretary of the Interior regarding expenditures from the Central Valley Project Restoration Fund.

Sets forth requirements concerning: (1) the accounting of CVP water credited to the quantity of CVP yield, and (2) implementation of an updated plan to increase the yield of the CVP by the amount dedicated to fish and wildlife purposes.

Prohibits Interior and Commerce from distinguishing between natural-spawned and hatchery-spawned or otherwise artificially propagated strains of a species in making any determination under the ESA that relates to any anadromous or pelagic fish species that resides in the Sacramento-San Joaquin Delta or tributary rivers.

Directs Interior to negotiate with interested local water and power providers to transfer ownership, control, and operation of the CVP's New Melones Unit to interested local water and power providers in California.

Directs Reclamation, in carrying out the climate change adaptation program, to expand opportunities and expedite assessments, with nonfederal partners, of risks to the water supply of sub-basins and watersheds within major Reclamation river basins. Requires Reclamation to ensure timely decision and expedited implementation of adaptation and mitigation strategies developed through the special study process. Makes nonfederal partners responsible for 100% of the special study costs.

Prohibits Interior, in operation of the CVP's Trinity River Division, from making releases from Lewiston Dam in excess of the volume for each water-year type (i.e., critically dry, dry, normal, wet, extremely wet) required by Interior's record of decision in the Trinity River Mainstem Fishery Restoration Final Environmental Impact Statement/Environmental Impact Report dated December 2000.

Restricts the definition of "anadromous fish" under the Central Valley Project Improvement Act to mean only native stocks of salmon (including steelhead) and sturgeon that were present in the Sacramento and San Joaquin Rivers as of October 30, 1992, and that ascend those rivers and their tributaries to reproduce after maturing in San Francisco Bay or the Pacific Ocean.

TITLE VII--WATER SUPPLY PERMITTING ACT

Water Supply Permitting Coordination Act

Establishes Reclamation as the lead agency for purposes of coordinating all reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions (reviews) required under federal law to construct qualifying projects (defined as new surface water storage projects in the states covered under the Act of June 17, 1902, and Acts supplemental to and amendatory of that Act on lands administered by Interior or USDA, exclusive of any easement, right-of-way, lease, or any private holding).

Directs Reclamation: (1) upon receipt of an application for a qualifying project, to identify any federal agency that may have jurisdiction over a required review; and (2) to notify such agency that it has been designated as a cooperating agency unless the agency notifies Reclamation that the agency has no jurisdiction or authority over the project, has no expertise or information relevant to the project or any associated review, or does not intend to submit comments other than in cooperation with Reclamation. Requires each cooperating agency to submit to Reclamation: (1) a time frame for completing the agency's authorizing responsibilities, (2) all environmental review material produced in the course of carrying out activities required under federal law consistent with the project schedule, and (3) all relevant project data.

Allows a state in which a qualifying project is being considered to choose to: (1) participate as a cooperating agency; and (2) make subject to the processes of this title all state agencies that have jurisdiction over the project, that are required to conduct or issue a review, or that are required to make a determination on issuing a permit, license, or approval for the project.

Lists as Reclamation's principal responsibilities under this title: (1) to serve as the point of contact for applicants, state agencies, Indian tribes, and others regarding proposed qualifying projects; (2) to coordinate preparation of unified environmental documentation that will serve as the basis for all federal decisions necessary to authorize the use of federal lands for qualifying projects; and (3) to coordinate all federal agency reviews necessary for the development and construction of qualifying projects.

Authorizes Interior to accept and expend funds contributed by a nonfederal public entity to expedite the evaluation of a permit of that entity related to a qualifying project. Directs Interior to ensure that all final permit decisions are made available to the public, including on the Internet.

TITLE VIII--BUREAU OF RECLAMATION PROJECT STREAMLINING

Bureau of Reclamation Project Streamlining Act

Sets forth provisions governing feasibility studies for water projects initiated by Interior under the Reclamation Act of 1902 (project studies).

Requires a project study initiated after enactment of this title to: (1) result in the completion of a final feasibility report within three years; (2) have a maximum federal cost of $3 million; and (3) ensure that personnel from the local project area, region, and Reclamation's headquarters levels concurrently conduct the required review. Sets forth factors for extending such time line for complex projects.

Requires Interior, within 90 days after the initiation of a project study, to: (1) initiate the process for completing reviews, including environmental reviews, required to be completed as part of such study; (2) convene a meeting of federal, tribal, and state agencies required to act; and (3) provide information that will enable required reviews and analyses to be conducted by other agencies in a thorough and timely manner.

Directs Interior to: (1) expedite the completion of any ongoing project study initiated before the enactment of this title; and (2) proceed directly to preconstruction planning, engineering, and design of a project that it determines is justified.

Sets forth requirements applicable to: (1) project studies initiated after enactment of this title for which an environmental impact statement is prepared under NEPA; (2) other project studies initiated before such enactment for which an environmental review process document is prepared under NEPA; and (3) any project study for the development of a nonfederally owned and operated surface water storage project for which Interior determines there is a demonstrable federal interest and that is located in a river basin where other Reclamation water projects are located, that will create additional water supplies that support Reclamation water projects, or that will become integrated into the operation of Reclamation water projects.

Requires Interior to:

• annually prepare a list of all such studies that do not have adequate funding for study completion;
• develop and implement a coordinated environmental review process for the development of such studies;
• identify early all federal, state, and local government agencies and Indian tribes that may have jurisdiction and that may be required to act, which the federal lead agency shall invite to become participating or cooperating agencies;
• issue guidance regarding the use of programmatic approaches to carry out the environmental review process; and
• establish an electronic database and issue reporting requirements to make publicly available the status and progress with respect to compliance with applicable NEPA requirements and other action required for a project study.

Sets forth the authorities and responsibilities of the joint lead agency, which may be a project sponsor, and the federal lead agency in the environmental review process, including: (1) the preparation and use of environmental documents; (2) establishing a plan for coordinating public and agency participation; (3) working with cooperating and participating agencies to identify and resolve issues that could delay process completion or result in the denial of any approval required for the project study; and (4) establishing, upon request, memoranda of agreement with the project sponsor, Indian tribes, and state and local governments to carry out the early coordination activities. Requires a federal lead agency to serve in that capacity for the entirety of all nonfederal projects that will be integrated into a larger system owned, operated, or administered by Reclamation. Directs Interior, upon determining that a project can be expedited by a nonfederal sponsor and that there is a demonstrable federal interest in expediting the project, to advance it as a nonfederal project. Requires a federal jurisdictional agency to complete any required approval or decision for the environmental review process on an expeditious basis. Provides for a reduction of funds for such an agency that fails to render such a decision by a specified deadline.

Directs Interior to: (1) survey the use by Reclamation of categorical exclusions in projects since 2005 and propose a new categorical exclusion for a category of activities if merited, and (2) establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process.

Requires Interior to develop and submit annually a Report to Congress on Future Water Project Development that identifies: (1) the costs and benefits of, the nonfederal interests associated with, and the support for project reports, proposed project studies, and proposed modifications to authorized water projects and project studies that are related to Reclamation's missions and authorities, that require specific congressional authorization, that have not been congressionally authorized, that have not been included in any previous annual report, and that, if authorized, could be carried out by Reclamation; and (2) any project study that was expedited under this title.

Specifies surface water storage, rural water supply, wastewater, and groundwater projects to be included in such studies and reports.

TITLE IX--ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE ENHANCEMENT

Accelerated Revenue, Repayment, and Surface Water Storage Enhancement Act

Directs Interior to convert certain existing water service contracts between the United States and water users' associations to repayment contracts to allow for prepayment of such contracts, upon the request of the contractor. Specifies the manner of conversion and the terms and conditions of prepayment.

Requires a specified percentage of certain receipts generated from prepayment of contracts under this title, beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the 10-year period following the enactment of this title, to be directed to the Reclamation Surface Water Storage Account. Requires the Secretary to allocate amounts in such Account to fund the construction of surface water storage for:

• increased municipal and industrial water supply;
• agricultural floodwater, erosion, and sedimentation reduction;
• agricultural drainage improvements;
• agricultural irrigation;
• increased recreation opportunities; and
• reduced adverse impacts to fish and wildlife from water storage or diversion projects within watersheds associated with water storage projects funded under this Act.

TITLE X--SAFETY OF DAMS

Amends the Reclamation Safety of Dams Act of 1978 to authorize Interior, subject to a feasibility study, to develop additional project benefits (including additional conservation storage capacity) through the construction of new or supplementary works when it exercises its authority to modify Reclamation dams and related facilities to preserve their structural safety, provided that: (1) the additional project benefits will promote more efficient management of water and water-related facilities, (2) the feasibility study is authorized under the Federal Water Project Recreation Act of 1965, and (3) the costs are allocated to the authorized purposes of the structure and repaid consistent with federal reclamation law.

TITLE XI--WATER RIGHTS PROTECTION

Water Rights Protection Act

Prohibits Interior and USDA from:

• conditioning or withholding the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement (permit) on the limitation or encumbrance of any water right or the transfer of any water right to the United States or any other designee or on any other impairment of any water right under state law by federal or state action;
• requiring any water user (including a federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under state law as a condition of such a permit;
• asserting jurisdiction over groundwater withdrawals or impacts on groundwater resources, unless consistent with state groundwater resource laws, regulations, and policies; or
• infringing on the rights and obligations of a state in evaluating, allocating, and adjudicating state waters originating on or under, or flowing from, land owned or managed by the federal government.