S. 2902 — what changed
Western Water Supply and Planning Enhancement Act of 2016
From Introduced in Senate to Reported in Senate. 7 sections amended between Introduced in Senate and Reported in Senate.
Sec. 101 Reservoir operation improvement
Definitions— In this section:
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Operational document— The term operational document includes a water control plan, water control manual, water control diagram, release schedule, rule curve, operational agreement with a non-Federal entity, and any associated environmental documentation.
renumbered
was (2)(3)
Reserved works— The term reserved works means any Bureau of Reclamation project facility at which the Secretary of the Interior carries out the operation and maintenance of the project facility.
renumbered
was (2)(4)
Secretary— The term Secretary means the Secretary of the Army.
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was (2)(5)
Transferred works— The term transferred works means a Bureau of Reclamation project facility, the operation and maintenance of which is carried out by a non-Federal entity, under the provisions of a formal operation and maintenance transfer contract.
renumbered
was (2)(6)
Transferred works operating entity— The term transferred works operating entity means the organization that is contractually responsible for operation and maintenance of transferred works.
Report— Not later than 1 year after the date of enactment of this Act, 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 including, for any State in which a county designated by the Secretary of Agriculture as a drought disaster area during water year 2015 is located, a list of projects, including Corps of Engineers projects, and those non-Federal projects and transferred works that are operated for flood control in accordance with rules prescribed by the Secretary pursuant to section 7 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 890, chapter 665), including, as applicable—
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the year the original water control manual was operational documents were approved;
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the year for any subsequent revisions to the water control plan and manual of the project;operational documents;
a list of projects for which—
operational deviations for drought contingency have been requested;
the status of the request; and
a description of how water conservation and water quality improvements were addressed; and
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a list of projects for which permanent or seasonal changes to storage allocations flood control capacity have been requested, and the status of the request.
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Project identification—Identification of eligible projects— Not later than 60 days after the date of completion of the report under subsection (b), the Secretary shall identify any projects described in the report—
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for which the modification of the water operations manuals, operational document, including flood control rule curve, would be likely to enhance existing authorized project purposes, including for water supply benefits and flood control operations;purposes;
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for which the water control manual operational documents and hydrometeorological information establishing the flood control rule curves of the project have not been substantially revised during the 15-year period ending on the date of review by the Secretary; and
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for which the non-Federal sponsor individuals or sponsors of entities responsible for operations and maintenance costs or that have storage entitlements or contracts at a Corps of Engineers project, the owner of a non-Federal project, or the non-Federal transferred works operating entity, as applicable, has submitted to the Secretary a written request to revise water operations manuals, operational documents, including flood control rule curves, based on the use of improved weather forecasting or run-off forecasting methods, new watershed data, changes to project operations, or structural improvements.
Pilot projects—
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In general— Not later than 1 year after the date of identification of projects under subsection (c), if any, the Secretary shall carry out not less than 15 pilot projects, which shall include not less than 6 non-Federal projects, to implement revisions of water operations manuals, operational documents, including flood control rule curves, based on the best available science, which may include—
forecast-informed operations;
new watershed data, including data submitted by a non-Federal applicant; and
if applicable, in the case of non-Federal projects, structural improvements.
Consultation— In implementing a pilot project under this subsection, the Secretary shall consult with all affected interests, including—
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non-Federal entities responsible for operations and maintenance costs of a Federal facility;
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individuals and entities with storage entitlements; andentitlements;
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a Federal power management agency that markets power produced by a facility; and
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was (5)(3)(5)
local agencies with flood control responsibilities downstream of a facility.
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Coordination with non-Federal non-federal project entities— If a project identified under subsection (c) is—
a non-Federal project, the Secretary, prior to carrying out an activity under this section, shall—
consult with the non-Federal project owner; and
enter into a cooperative agreement, memorandum of understanding, or other agreement with the non-Federal project owner describing the scope and goals of the activity and the coordination among the parties; and
a Federal project, the Secretary, prior to carrying out an activity under this section, shall—
consult with each Federal and non-Federal entity (including a municipal water district, irrigation district, joint powers authority, transferred works operating entity, or other local governmental entity) that currently—
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manages (in whole or in part) a the Federal dam or reservoir; or
is responsible for operations and maintenance costs; and
enter into a cooperative agreement, memorandum of understanding, or other agreement with each such entity describing the scope and goals of the activity and the coordination among the parties.
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Consideration— In designing and implementing a forecast-informed reservoir operations plan under subsection (d) or subsection (g), the Secretary may consult with the appropriate agencies within the Department of the Interior and the Department of Commerce with expertise in atmospheric, meteorological, and hydrologic science to consider—
the relationship between ocean and atmospheric conditions, including—
the El Niño and La Niña cycles; and
the potential for above-normal, normal, and below-normal rainfall for the coming water year, including consideration of atmospheric river forecasts;
the precipitation and runoff index specific to the basin and watershed of the relevant dam or reservoir, including incorporating knowledge of hydrological and meteorological conditions that influence the timing and quantity of runoff;
improved hydrologic forecasting for precipitation, snowpack, and soil moisture conditions;
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an adjustment of operational flood control rule curves to optimize water supply storage and reliability, hydropower production, environmental benefits for flows and temperature, and other authorized project benefits, purposes, without a reduction in flood safety; and
proactive management in response to changes in forecasts.
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Funding—
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In general— The Secretary may accept and expend amounts from entities described in subsection (d)(2), the owners of non-Federal projects regulated for flood control by the Secretary, and public or private entities holding contracts with the Federal Government for water storage or water supply at Federal projects to fund all or a portion of the cost of carrying out a review or revision of operational documents for—
removed
Funding— The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to fund all or a portion of the cost of carrying out a review or revision of operational documents, including water control plans, water control manuals, water control diagrams, release schedules, rule curves, operational agreements with non-Federal entities, and any associated environmental documentation for—
renumbered
was (8)(3)
a Corps of Engineers project;
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was (8)(4)
a non-Federal project regulated for flood control by the Secretary; or
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was (8)(5)
a Bureau of Reclamation facility regulated for flood control by the Secretary.
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Inclusion— Funds received from entities under paragraph (1) may include amounts provided by non-Federal entities through agreements, partnerships, or joint ventures with public or private nonprofit entities or Indian tribes.
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In-kind contributions— The Secretary may accept and use materials and services contributed by a entity under this paragraph and credit the value of the materials and services toward the cost of carrying out a review or revisions of operational documents.
Effect—
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Manual revisions— A revision of a manual an operational document shall not interfere with reduce the water supply available for any authorized purposes of a Federal project or the existing purposes of a non-Federal project regulated for flood control by the Secretary.
Effect of section—
Nothing in this section authorizes the Secretary to carry out, at a Federal dam or reservoir, any project or activity for a purpose not otherwise authorized as of the date of enactment of this Act.
Nothing in this section affects or modifies any obligation of the Secretary under State law.
Nothing in this section affects or modifies any obligation to comply with any applicable Federal law.
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Application—
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Certain facilities— This section applies only to a facility located in a State in which a Bureau of Reclamation project is located.
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Certain projects excluded— This section shall not apply to—
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any project authorized by the Act of December 31, 1928 (43 U.S.C. 617 et seq.) (commonly known as the “Boulder Canyon Project Act”); or
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the initial units of the Colorado River Storage Project, as authorized by the first section of the Act of April 11, 1956 (43 U.S.C. 620) (commonly known as the “Colorado River Storage Project Act”).
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Bureau of reclamation reserved works excluded— This section—
removed
This section only applies to facilities located in a State in which a Bureau of Reclamation project is located.
removed
Bureau of Reclamation reserved works excluded— This section—
renumbered
was (9)(4)(3)
shall not apply to any dam or reservoir operated by the Bureau of Reclamation as a reserved work, unless all non-Federal project sponsors of a reserved work jointly provide to the Secretary a written request for application of this section to the project; and
renumbered
was (9)(4)(4)
shall apply only to Bureau of Reclamation transferred works at the written request of the transferred works operating entity.
Prior studies— In carrying out subsections (b), (c), and (d), to the maximum extent practicable, the Secretary shall—
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coordinate with the efforts of the Secretary to complete the reports required under subparagraphs (A)(iii) and (B) of subsection (a)(2) of section 1046 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2319 note; note, 128 Stat. 1251); and
consider the findings of the reports described in paragraph (1) if the reports are available prior to carrying out subsections (b), (c), and (d).
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Modifications to manuals and curves— Not later than 180 days after the date of completion of a modification to an operations manual or flood control rule curve, operational document, the Secretary shall submit to the Committee Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committee Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives a report regarding the components of the forecast-based reservoir operations plan incorporated into the change.
Sec. 104 Colorado River System
Title II of the Energy and Water Development and Related Agencies Appropriations Act, 2015 (division D of Public Law 113–235) is amended by striking section 206 (43 U.S.C. 620 note; 128 Stat. 2312) and inserting the following:
“206. Colorado river system
“(a) In general—Notwithstanding any other provision of law, as soon as practicable after the date of enactment of the Western Water Supply and Planning Enhancement Act of 2016, the Secretary of the Interior (referred to in this section as the “Secretary”) shall—
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“(1) fund shall fund or participate in projects to increase Colorado River System water in Lake Mead and the initial units of Colorado River Storage Project reservoirs, as authorized by the first section of the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620), to address the effects of historic drought conditions; conditions;. and
“(2) not release or allow diversion of water in the same calendar year that the water was voluntarily contributed to increase the active storage of Lake Mead pursuant to—
“(A) the Memorandum of Understanding among the United States of America, through the Department of the Interior, Bureau of Reclamation, the Central Arizona Water Conservation District, the Metropolitan Water District of Southern California, the Southern Nevada Water Authority, the Arizona Department of Water Resources, the Colorado River Board of California, and the Colorado River Commission of Nevada for Pilot Drought Response Actions, entered into December 10, 2014; or
“(B) the Pilot System Conservation program carried out consistent with this section (as in existence on the day before the date of enactment of the Western Water Supply and Planning Enhancement Act of 2016).
“(b) Administration—Projects under this section may be funded through—
“(1) grants by the Secretary to public entities that use water from the Colorado River Basin for municipal purposes for projects that are implemented by one or more non-Federal entities; or
“(2) grants or other appropriate financial agreements to provide additional funds for renewing or implementing water conservation agreements that are in existence on the date of enactment of the Western Water Supply and Planning Enhancement Act of 2016.
“(c) Limitation—Funds in the Upper Colorado River Basin Fund established by section 5 of the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620d), and the Lower Colorado River Basin Development Fund established by section 403 of the Colorado River Basin Project Act (43 U.S.C. 1543) shall not be used to carry out this section.
“(d) Report and recommendation—Not later than September 30, 2026, the Secretary shall submit to the Committees on Appropriations and Natural Resources of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate a report evaluating the effectiveness of the projects described in subsection (a).
changed “(e) Appropriations—There is authorized to be appropriated to the Bureau of Reclamation to carry out this section $10,000,000 $8,000,000 for each of fiscal years 2017 through 2027, to remain available until expended.”
Sec. 204 Prohibitions
In carrying out an action described in section 203, the Secretary shall not condition or withhold the action, in whole or in part, on—
the transfer of any State water right (including such water rights of joint and sole ownership), directly or indirectly, to the United States or any other designee;
the acquisition of a State water right in the name of the United States;
limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicability limitations under State water law;
limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right based on jurisdiction over groundwater resources, unless the limitation imposes no greater restriction to a State water right than an applicable State law governing groundwater resources; or
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the modification of the terms and conditions water right beyond any applicable limitations under State water law; or
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was (7)
the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, and conservation and source protection measures established by a State.
Sec. 312 Deposits to Fund
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In general— For each of fiscal years 2017 through 2038, the Secretary of the Treasury shall deposit in the Fund $35,000,000 $30,900,000 of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
Availability of amounts— Amounts deposited in the Fund under subsection (a) shall be used, subject to appropriation, to carry out this subtitle.
Sec. 313 Expenditures from Fund
In general— Subject to subsection (b), for each of fiscal years 2017 through 2038, the Secretary may, to the extent provided in advance in appropriations Acts, expend from the Fund, in accordance with this subtitle, not more than the sum of—
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$35,000,000; $35,000,000 $30,900,000; and
the amount of interest accrued in the Fund.
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Additional expenditures— The Secretary may expend more than $35,000,000 $30,900,000 for any fiscal year referred to in subsection (a) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under subsection (a) in one or more prior fiscal years.
Sec. 321 Repair, replacement, and maintenance of certain Indian irrigation projects
In general— The Secretary shall establish a program to address the deferred maintenance and water storage needs of Indian irrigation projects that—
create risks to public or employee safety or natural or cultural resources; and
unduly impede the management and efficiency of the Indian irrigation program.
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Funding— Consistent with section 313, the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $35,000,000 $30,900,000 of amounts in the Fund, plus accrued interest, for each of fiscal years 2017 through 2038 to carry out maintenance, repair, replacement, and water storage construction activities for one or more of the Indian irrigation projects described in section 322 (including any structures, facilities, equipment, personnel, or vehicles used in connection with the operation of those projects), subject to the condition that the funds expended under this part shall not be—
subject to reimbursement by the owners of the land served by the Indian irrigation projects; or
assessed as debts or liens against the land served by the Indian irrigation projects.
Sec. 334 Dry-Redwater Regional Water Authority System and Musselshell-Judith Rural Water System
In general— The Secretary may carry out—
the project entitled the “Dry-Redwater Regional Water Authority System” in a manner that is substantially in accordance with the feasibility study entitled “Dry-Redwater Regional Water System Feasibility Study” (including revisions of the study), which received funding from the Bureau of Reclamation on September 1, 2010; and
the project entitled the “Musselshell-Judith Rural Water System” in a manner that is substantially in accordance with the feasibility report entitled “Musselshell-Judith Rural Water System Feasibility Report” (including any and all revisions of the report).
Cooperative agreement— The Secretary shall enter into a cooperative agreement with the Authority to provide Federal assistance for the planning, design, and construction of the Water Systems.
Cost-Sharing requirement—
Federal share—
In general— The Federal share of the costs relating to the planning, design, and construction of the Water Systems shall not exceed—
in the case of the Dry-Redwater Regional Water Authority System—
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75 65 percent of the total cost of the Dry-Redwater Regional Water Authority System; or
such other lesser amount as may be determined by the Secretary, acting through the Commissioner of Reclamation, in a feasibility report; or
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in the case of the Musselshell-Judith Rural Water System, 75 65 percent of the total cost of the Musselshell-Judith Rural Water System.
Limitation— Amounts made available under subparagraph (A) shall not be returnable or reimbursable under the reclamation laws.
Use of Federal funds—
General uses— Subject to subparagraphs (B) and (C), the Water Systems may use Federal funds made available to carry out this section for—
facilities relating to—
water pumping;
water treatment; and
water storage;
transmission pipelines;
pumping stations;
appurtenant buildings, maintenance equipment, and access roads;
any interconnection facility that connects a pipeline of the Water System to a pipeline of a public water system;
electrical power transmission and distribution facilities required for the operation and maintenance of the Water System;
any other facility or service required for the development of a rural water distribution system, as determined by the Secretary; and
any property or property right required for the construction or operation of a facility described in this subsection.
Additional uses— In addition to the uses described in subparagraph (A)—
the Dry-Redwater Regional Water Authority System may use Federal funds made available to carry out this section for—
facilities relating to water intake; and
distribution, pumping, and storage facilities that—
serve the needs of citizens who use public water systems;
are in existence on the date of enactment of this Act; and
may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (b); and
the Musselshell-Judith Rural Water System may use Federal funds made available to carry out this section for—
facilities relating to—
water supply wells; and
distribution pipelines; and
control systems.
Limitation— Federal funds made available to carry out this section shall not be used for the operation, maintenance, or replacement of the Water Systems.
Title— Title to the Water Systems shall be held by the Authority.