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Title II — San Joaquin River restoration

H.R. 3964 · 113th Congress · Feb 6, 2014 · Lineage

II San Joaquin River restoration

Sec. 201 Repeal of the San Joaquin River settlement

As of the date of enactment of this title, the Secretary shall cease any action to implement the Stipulation of Settlement (Natural Resources Defense Council, et al. v. Kirk Rodgers, et al., Eastern District of California, No. Civ. S–88–1658 LKK/GGH).

Sec. 202 Purpose

Section 10002 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended by striking “implementation of the Settlement” and inserting “restoration of the San Joaquin River”.

Sec. 203 Definitions

Section 10003 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
by striking paragraph (1) and inserting the following:

“(1) The term Restoration Flows means the additional water released or bypassed from Friant Dam to insure that the target flow entering Mendota Pool, located approximately 62 river miles downstream from Friant Dam, does not fall below 50 cubic feet per second.”

(2)
by striking paragraph (3) and inserting the following:

“(3) The term Water Year means March 1 through the last day of February of the following Calendar Year, both dates inclusive.”

(3)
by adding at the end the following new paragraph:

“(4) The term Critical Water Year means when the total unimpaired runoff at Friant Dam is less than 400,000 acre-feet, as forecasted as of March 1 of that water year by the California Department of Water Resources.”

Sec. 204 Implementation of restoration

Section 10004 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “authorized and directed” and all that follows through “in the Settlement:” and inserting “authorized to carry out the following:”;
(B)
by striking paragraphs (1), (2), (4), and (5);
(C)
in paragraph (3)—
(i)
by striking “(3)” and inserting “(1)”; and
(ii)
by striking “paragraph 13 of the Settlement” and inserting “this part”; and
(D)
by adding at the end the following new paragraphs:

“(2) In each Water Year, commencing in the Water Year starting on March 1, 2015—

“(A) shall modify Friant Dam operations so as to release the Restoration Flows for that Water Year, except in any Critical Water Year;

“(B) shall ensure that the release of Restoration Flows are maintained at the level prescribed by this part, but that Restoration Flows do not reach downstream of Mendota Pool;

“(C) shall release the Restoration Flows in a manner that improves the fishery in the San Joaquin River below Friant Dam, but upstream of Gravelly Ford in existence as of the date of the enactment of this part, and the associated riparian habitat; and

“(D) may, without limiting the actions required under paragraphs (A) and (C) and subject to subsections 10004(a)(3) and 10004(l), use the Restoration Flows to enhance or restore a warm water fishery downstream of Gravelly Ford to and including Mendota Pool, if the Secretary determines that it is reasonable, prudent, and feasible to do so; and

“(3) Not later than 1 year after the date of the enactment of this section, the Secretary shall develop and implement, in cooperation with the State of California, a reasonable plan, to fully recirculate, recapture, reuse, exchange, or transfer all Restoration Flows and provide such recirculated, recaptured, reused, exchanged, or transferred flows to those contractors within the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project that relinquished the Restoration Flows so recirculated, recaptured, reused, exchanged, or transferred. Such a plan shall address any impact on ground water resources within the service area of the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project and mitigation may include ground water banking and recharge projects. Such a plan shall not impact the water supply or water rights of any entity outside the Friant Division, Hidden unit, and Buchanan Unit of the Central Valley Project. Such a plan shall be subject to applicable provisions of California water law and the Secretary’s use of Central Valley Project facilities to make Project water (other than water released from Friant Dam pursuant to this part) and water acquired through transfers available to existing south-of-Delta Central Valley Project contractors.”

(2)
in subsection (b)—
(A)
in paragraph (1), by striking “the Settlement” and inserting “this part”; and
(B)
in paragraph (2), by striking “the Settlement” and inserting “this part”;
(3)
in subsection (c), by striking “the Settlement” and inserting “this part”;
(4)
by striking subsection (d) and inserting the following:

“(d) Mitigation of impacts—Prior to October 1, 2015, the Secretary shall identify—

“(1) the impacts associated with the release of Restoration Flows prescribed in this part;

“(2) the measures which shall be implemented to mitigate impacts on adjacent and downstream water users, landowners and agencies as a result of Restoration Flows prescribed in this part; and

“(3) prior to the implementation of decisions or agreements to construct, improve, operate, or maintain facilities that the Secretary determines are needed to implement this part, the Secretary shall implement all mitigations measures identified in subsection (d)(2) before Restoration Flows are commenced.”

(5)
in subsection (e), by striking “the Settlement” and inserting “this part”;
(6)
in subsection (f), by striking “the Settlement” and all that follows through “section 10011” and insert “this part”;
(7)
in subsection (g)—
(A)
by striking “the Settlement and” before this part; and
(B)
by striking “or exchange contract” and inserting “exchange contract, or water rights settlement or holding contracts”;
(8)
in subsection (h)—
(A)
by striking “Interim” in the header;
(B)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by striking “Interim Flows under the Settlement” and inserting “Restoration Flows under this part”;
(ii)
in subparagraph (C)—
(I)
in clause (i), by striking “Interim” and inserting “Restoration”; and
(II)
in clause (ii), by inserting “and” after the semicolon;
(iii)
in subparagraph (D), by striking “and” at the end; and
(iv)
by striking subparagraph (E);
(C)
in paragraph (2)—
(i)
by striking “Interim” and inserting “Restoration”;
(ii)
by striking subparagraph (A); and
(iii)
by striking “(B) exceed” and inserting “exceed”;
(D)
in paragraph (3), by striking “Interim” and inserting “Restoration”; and
(E)
by striking paragraph (4) and inserting the following:

“(4) Claims—Within 60 days of enactment of this Act the Secretary shall promulgate a rule establishing a claims process to address current and future claims including, but not limited to, ground water seepage, flooding, or levee instability damages caused as a result of, arising out of, or related to implementation of subtitle A of title X of Public Law 111–11.”

(9)
in subsection (i)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by striking “the Settlement and parts I and III” and inserting “this part”;
(ii)
in subparagraph (A), by inserting “and” after the semicolon;
(iii)
in subparagraph (B)—
(I)
by striking “additional amounts authorized to be appropriated, including the”; and
(II)
by striking “; and ” and inserting a period; and
(iv)
by striking subparagraph (C); and
(B)
by striking paragraph (3); and
(10)
by adding at the end the following new subsections:

“(k) No impacts on other interests—No Central Valley Project or other water other than San Joaquin River water impounded by or bypassed from Friant Dam shall be used to implement subsection (a)(2) unless such use is on a voluntary basis. No cost associated with the implementation of this section shall be imposed directly or indirectly on any Central Valley Project contractor, or any other person or entity, outside the Friant Division, the Hidden Unit, or the Buchanan Unit, unless such costs are incurred on a voluntary basis. The implementation of this part shall not result directly or indirectly in any reduction in water supplies or water reliability on any Central Valley Project contractor, any State Water Project contractor, or any other person or entity, outside the Friant Division, the Hidden Unit, or the Buchanan Unit, unless such reductions or costs are incurred on a voluntary basis.

“(l) Priority—All actions taken under this part shall be subordinate to the Secretary’s use of Central Valley Project facilities to make Project water available to Project contractors, other than water released from the Friant Dam pursuant to this part.

“(m) In general—Notwithstanding section 8 of the Reclamation Act of 1902, except as provided in this part, including title IV of the Sacramento and San Joaquin Valleys Water Reliability Act, this part preempts and supersedes any State law, regulation, or requirement that imposes more restrictive requirements or regulations on the activities authorized under this part. Nothing in this part shall alter or modify the obligations, if any, of the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project, or other water users on the San Joaquin River or its tributaries, under orders issued by the State Water Resources Control Board pursuant to the Porter-Cologne Water Quality Control Act (California Water Code sections 13000 et seq.). Any such order shall be consistent with the congressional authorization for any affected Federal facility as it pertains to the Central Valley Project.

“(n) Project implementation—Projects to implement this title shall be phased such that each project shall follow the sequencing identified below and include at least the—

“(1) project purpose and need;

“(2) identification of mitigation measures;

“(3) appropriate environmental review; and

“(4) prior to releasing Restoration Flows under this part, the Secretary shall—

“(A) complete the implementation of mitigation measures required; and

“(B) complete implementation of the project.”

Sec. 205 Disposal of property; title to facilities

Section 10005 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in subsection (a), by striking “the Settlement authorized by this part” and inserting “this part”;
(2)
in subsection (b)—
(A)
in paragraph (1)—
(i)
by striking “(1) In general.—The Secretary” and inserting “The Secretary”; and
(ii)
by striking “the Settlement authorized by this part” and inserting “this part”; and
(B)
by striking paragraph (2); and
(3)
in subsection (c)—
(A)
in paragraph (1), by striking “the Settlement” and inserting “this part”;
(B)
in paragraph (2)—
(i)
by striking “through the exercise of its eminent domain authority”; and
(ii)
by striking “the Settlement” and inserting “this part”; and
(C)
in paragraph (3), by striking “section 10009(c)” and inserting “section 10009”.

Sec. 206 Compliance with applicable law

Section 10006 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), by inserting “unless otherwise provided by this part” before the period at the end; and
(B)
in paragraph (2), by striking “the Settlement” and inserting “this part”;
(2)
in subsection (b), by inserting “, unless otherwise provided by this part” before the period at the end;
(3)
in subsection (c)—
(A)
in paragraph (2), by striking “section 10004” and inserting “this part”; and
(B)
in paragraph (3), by striking “the Settlement” and inserting “this part”; and
(4)
in subsection (d)—
(A)
by inserting “, including without limitation to sections 10004(d) and 10004(h)(4) of this part,” after “implementing this part”; and
(B)
by striking “for implementation of the Settlement”.

Sec. 207 Compliance with Central Valley Project Improvement Act

Section 10007 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in the matter preceding paragraph (1),
(A)
by striking “the Settlement” and inserting “enactment of this part”; and
(B)
by inserting: “and the obligations of the Secretary and all other parties to protect and keep in good condition any fish that may be planted or exist below Friant Dam including any obligations under section 5937 of the California Fish and Game Code and the public trust doctrine, and those of the Secretary and all other parties under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).” before “, provided”; and
(2)
in paragraph (1), by striking “, as provided in the Settlement”.

Sec. 208 No private right of action

Section 10008(a) of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
by striking “not a party to the Settlement” after “person or entity”; and
(2)
by striking “or the Settlement” before the period and inserting “unless otherwise provided by this part. Any Central Valley Project long-term water service or repayment contractor within the Friant Division, Hidden unit, or Buchanan Unit adversely affected by the Secretary’s failure to comply with section 10004(a)(3) of this part may bring an action against the Secretary for injunctive relief or damages, or both.”.

Sec. 209 Implementation

Section 10009 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in the header by striking “; settlement fund”;
(2)
in subsection (a)—
(A)
in paragraph (1)—
(i)
by striking “the Settlement” the first place it appears and inserting “this part”;
(ii)
by striking “, estimated to total” and all that follows through “subsection (b)(1),”; and
(iii)
by striking “provided however,” and all that follows through “$110,000,000 of State funds”;
(B)
in paragraph (2)—
(i)
in subparagraph (A), by striking “(A) In general.—The Secretary” and inserting “The Secretary”;
(ii)
by striking subparagraph (B); and
(C)
in paragraph (3)—
(i)
by striking “Except as provided in the Settlement, to” and inserting “To”; and
(ii)
by striking “this Settlement” and inserting “this part”;
(3)
in subsection (b)(1)—
(A)
by striking “In addition” through “however, that the” and inserting “The”;
(B)
by striking “such additional appropriations only in amounts equal to”; and
(C)
by striking “or the Settlement” before the period;
(4)
in subsection (c)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by striking “the Settlement” and inserting “this part”;
(ii)
in subparagraph (C), by striking “from the sale of water pursuant to the Settlement, or”; and
(iii)
in subparagraph (D), by striking “the Settlement” and inserting “this part”;
(B)
in paragraph (2), by striking “the Settlement and” before “this part”; and
(5)
by striking subsections (d) through (f).

Sec. 210 Repayment contracts and acceleration of repayment of construction costs

Section 10010 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in subsection (a)—
(A)
in paragraph (3)(D), by striking “the Settlement and” before “this part”; and
(B)
in paragraph (4)(C), by striking “the Settlement and” before “this part”;
(2)
in subsection (c), by striking paragraph (3);
(3)
in subsection (d)(1), by striking “the Settlement” in both places it appears and inserting “this part”;
(4)
in subsection (e)—
(A)
in paragraph (1)—
(i)
by striking “Interim Flows or Restoration Flows, pursuant to paragraphs 13 or 15 of the Settlement” and inserting “Restoration Flows, pursuant to this part”;
(ii)
by striking “Interim Flows or” before “Restoration Flows”; and
(iii)
by striking “the Interim Flows or Restoration Flows or is intended to otherwise facilitate the Water Management Goal, as described in the Settlement” and inserting “Restoration Flows”; and
(B)
in paragraph (2)—
(i)
by striking “except as provided in paragraph 16(b) of the Settlement” after “Friant Division long-term contractor”; and
(ii)
by striking “the Interim Flows or Restoration Flows or to facilitate the Water Management Goal” and inserting “Restoration Flows”.

Sec. 211 Repeal

Section 10011 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is repealed.

Sec. 212 Water supply mitigation

Section 10202(b) of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in paragraph (1), by striking “the Interim or Restoration Flows authorized in part I of this subtitle” and inserting “Restoration Flows authorized in this part”;
(2)
in paragraph (2), by striking “the Interim or Restoration Flows authorized in part I of this subtitle” and inserting “Restoration Flows authorized in this part”; and
(3)
in paragraph (3)—
(A)
in subparagraph (A), by striking “meet the Restoration Goal as described in part I of this subtitle” and inserting “recover Restoration Flows as described in this part”;
(B)
in subparagraph (C)—
(i)
by striking “the Interim or Restoration Flows authorized in part I of this subtitle” and inserting “Restoration Flows authorized in this part”; and
(ii)
by striking “, and for ensuring appropriate adjustment in the recovered water account pursuant to section 10004(a)(5)”.

Sec. 213 Additional Authorities

Section 10203 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in subsection (b)—
(A)
by striking “section 10004(a)(4)” and inserting “section 10004(a)(3)”; and
(B)
by striking “, provided” and all that follows through “section 10009(f)(2)”; and
(2)
by striking subsection (c).