NEED Water Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Necessary to Ensure 4 Expeditious Delivery of Water Act’’ or the ‘‘NEED Water 5 Act’’. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents for this Act is as follows: 8 Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—RESPONDING TO CALIFORNIA’S DROUGHT EMERGENCY VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4018 IH 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 CALI- 1 FORNIA’S DROUGHT EMER- 2 GENCY 3 SEC. 101. DEFINITIONS. 4 In this Act: 5 (1) CENTRAL VALLEY PROJECT.—The term 6 ‘‘Central Valley Project’’ has the meaning given the 7 term in section 3403 of the Central Valley Project 8 Improvement Act (106 Stat. 4707). 9 (2) DELTA.—The term ‘‘Delta’’ means the Sac- 10 ramento-San Joaquin Delta and the Suisun Marsh, 11 as defined in sections 12220 and 29101 of the Cali- 12 fornia Public Resources Code. 13 (3) NEGATIVE IMPACT ON THE LONG-TERM 14 SURVIVAL.—The term ‘‘negative impact on the long- 15 term survival’’ means to reduce appreciably the like- 16 lihood of both the survival and recovery of a listed 17 VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4018 IH species in the wild by reducing the reproduction, 1 numbers, or distribution of that species. 2 (4) SALMONID BIOLOGICAL OPINION.—The 3 term ‘‘salmonid biological opinion’’ means the bio- 4 logical opinion issued by the National Marine Fish- 5 eries Service for long-term operations of the Central 6 Valley Project and State Water Project on October 7 21, 2019. 8 (5) SECRETARIES.—The term ‘‘Secretaries’’ 9 means— 10 (A) the Secretary of Commerce; and 11 (B) the Secretary of the Interior. 12 (6) SMELT BIOLOGICAL OPINION.—The term 13 ‘‘smelt biological opinion’’ means the biological opin- 14 ion issued by the United States Fish and Wildlife 15 Service for long-term operations of the Central Val- 16 ley Project and State Water Project on October 21, 17 2019. 18 (7) STATE.—The term ‘‘State’’ means the State 19 of California. 20 (8) STATE WATER PROJECT.—The term ‘‘State 21 Water Project’’ means the water project described 22 by California Water Code section 11550 et seq. and 23 operated by the California Department of Water Re- 24 sources. 25 VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4018 IH SEC. 102. EMERGENCY PROJECTS. 1 (a) IN GENERAL.—Subject to the priority of individ- 2 uals or entities, including those with Sacramento River 3 Settlement Contracts, that have priority to the diversion 4 and use of water over water rights held by the United 5 States for operations of the Central Valley Project and 6 over rights held by the State for operations of the State 7 Water Project and the United States obligation to make 8 a substitute supply of water available to the San Joaquin 9 River Exchange Contractors, the Secretaries shall direct 10 the operations of the Central Valley Project and allow op- 11 erations of the State Water Project to provide the max- 12 imum quantity of water supplies possible to Central Valley 13 Project agricultural, municipal and industrial, and refuge 14 service and repayment contractors, and State Water 15 Project contractors, by approving, consistent with applica- 16 ble laws (including regulations)— 17 (1) any project or operations to provide addi- 18 tional water supplies if there is any possible way 19 whatsoever that the Secretaries can do so unless the 20 project or operations constitute a highly inefficient 21 way of providing additional water supplies; and 22 (2) any projects or operations as quickly as pos- 23 sible based on available information to address the 24 emergency conditions. 25 VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4018 IH (b) MANDATE.—In carrying out subsection (a), the 1 applicable Secretary shall— 2 (1) operate the Central Valley Project to meet 3 the United States contractual obligations under Sac- 4 ramento River Settlement Contracts and to make a 5 substitute supply of water available to the San Joa- 6 quin River Exchange Contractors; 7 (2) except as provided by this subsection, oper- 8 ate the Central Valley Project in a manner con- 9 sistent with the salmonid biological opinion and the 10 smelt biological opinion; 11 (3) authorize and implement actions to ensure 12 that the Delta Cross Channel Gates remain open to 13 the maximum extent practicable; 14 (4)(A) operate the Central Valley Project and 15 allow operations of the State Water Project within 16 the ranges provided for in the smelt biological opin- 17 ion and the salmonid biological opinion to minimize 18 water supply reductions for the Central Valley 19 Project and the State Water Project, manage re- 20 verse flow in Old and Middle Rivers at ¥5000 cubic 21 feet per second (cfs) unless current scientific data 22 indicate a less negative Old and Middle River flow 23 is necessary to avoid a significant negative impact 24 on the long-term survival of a listed species; and 25 VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4018 IH (B) show in writing that any determination to 1 manage OMR reverse flow at rates less negative 2 than ¥5000 cubic feet per second is necessary to 3 avoid a significant negative impact on the long-term 4 survival of the Delta smelt, including an explanation 5 of the data examined and the connection between 6 those data and the choice made prior to reducing 7 pumping to a rate less negative than ¥5000 cfs; 8 (5) adopt a 1:1 inflow to export ratio for the in- 9 crement of increased flow of the San Joaquin River, 10 as measured as a 3-day running average at Vernalis 11 during the period from April 1 through May 31, re- 12 sulting from voluntary sale, transfers, or exchanges 13 of water from agencies with rights to divert water 14 from the San Joaquin River or its tributaries con- 15 sistent with the Central Valley Project’s and the 16 State Water Project’s permitted water rights; 17 (6) issue all necessary permit decisions under 18 the authority of the Secretaries within 30 days of re- 19 ceiving a completed application by the State to place 20 and use temporary barriers or operable gates in 21 Delta channels to improve water quantity and qual- 22 ity for Central Valley Project and State Water 23 Project contractors and other water users, which 24 barriers or gates should provide benefits for species 25 VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4018 IH protection and in-Delta water user water quality and 1 shall be designed such that formal consultations 2 under section 7 of the Endangered Species Act of 3 1973 (16 U.S.C. 1536) would not be necessary; 4 (7)(A) complete all requirements under the Na- 5 tional Environmental Policy Act of 1969 (42 U.S.C. 6 4321 et seq.) and the Endangered Species Act of 7 1973 (16 U.S.C. 1531 et seq.) necessary to make 8 final permit decisions on water transfer requests as- 9 sociated with voluntarily fallowing nonpermanent 10 crops in the State, within 30 days of receiving such 11 a request; and 12 (B) allow any water transfer request associated 13 with fallowing to maximize the quantity of water 14 supplies available for nonhabitat uses as long as the 15 fallowing and associated water transfer are in com- 16 pliance with applicable Federal laws (including regu- 17 lations); 18 (8) allow any North of Delta agricultural water 19 service or repayment contractor with unused Central 20 Valley Project water to take delivery of such unused 21 water through April 15 of the contract year imme- 22 diately following the contract year in which such 23 water was allocated, if— 24 VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4018 IH (A) the contractor requests the extension; 1 and 2 (B) the requesting contractor certifies 3 that, without the extension, the contractor 4 would have insufficient supplies to adequately 5 meet requests for water deliveries within the 6 contractor’s service area; 7 (9) to the maximum extent possible based on 8 the availability and quality of groundwater and with- 9 out causing land subsidence— 10 (A) meet the Level 2 and Level 4 water 11 supply needs of units of the National Wildlife 12 Refuge System in the Central Valley of Cali- 13 fornia, the Gray Lodge, Los Banos, Volta, 14 North Grasslands, and Mendota State wildlife 15 management areas, and the Grasslands Re- 16 sources Conservation District in the Central 17 Valley of California through the improvement 18 or installation of wells to use groundwater re- 19 sources and the purchase of water from willing 20 sellers; and 21 (B) make a quantity of Central Valley 22 Project water obtained from the measures im- 23 plemented under subparagraph (A) available to 24 VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4018 IH Central Valley Project water service or repay- 1 ment contractors; and 2 (10) implement instream and offsite projects in 3 the Delta and upstream in the Sacramento River 4 and San Joaquin basins, in coordination with the 5 California Department of Water Resources and the 6 California Department of Fish and Wildlife, that 7 offset the effects on species listed as threatened or 8 endangered under the Endangered Species Act of 9 1973 (16 U.S.C. 1531 et seq.) due to actions taken 10 under this Act. 11 (c) OTHER AGENCIES.—To the extent that a Federal 12 agency other than agencies headed by the Secretaries has 13 a role in approving projects described in subsections (a) 14 and (b), the provisions of this section shall apply to those 15 Federal agencies. 16 (d) ACCELERATED PROJECT DECISION AND ELE- 17 VATION.— 18 (1) IN GENERAL.—Upon the request of the 19 State, the heads of Federal agencies shall use the 20 expedited procedures under this subsection to make 21 final decisions relating to a Federal project or oper- 22 ation to provide additional water supplies or address 23 emergency drought conditions pursuant to sub- 24 sections (a) and (b). 25 VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4018 IH (2) REQUEST FOR RESOLUTION.— 1 (A) IN GENERAL.—Upon the request of 2 the State, the head of an agency referred to in 3 subsection (a), or the head of another Federal 4 agency responsible for carrying out a review of 5 a project, as applicable, the Secretary of the In- 6 terior shall convene a final project decision 7 meeting with the heads of all relevant Federal 8 agencies to decide whether to approve a project 9 to provide emergency water supplies. 10 (B) MEETING.—The Secretary of the Inte- 11 rior shall convene a meeting requested under 12 subparagraph (A) not later than 7 days after 13 receiving the meeting request. 14 (3) NOTIFICATION.—Upon receipt of a request 15 for a meeting under this subsection, the Secretary of 16 the Interior shall notify the heads of all relevant 17 Federal agencies of the request, including the 18 project to be reviewed and the date for the meeting. 19 (4) DECISION.—Not later than 10 days after 20 the date on which a meeting is requested under 21 paragraph (2), the head of the relevant Federal 22 agency shall issue a final decision on the project in 23 writing. 24 VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4018 IH (5) MEETING CONVENED BY SECRETARY.—The 1 Secretary of the Interior may convene a final project 2 decision meeting under this subsection at any time, 3 at the discretion of the Secretary, regardless of 4 whether a meeting is requested under paragraph (2). 5 SEC. 103. PROGRESS REPORT. 6 Ninety days after the date of the enactment of this 7 Act and every 90 days thereafter, the Secretaries shall 8 provide a progress report describing the implementation 9 of sections 101 and 102 to the Committee on Natural Re- 10 sources in the House of Representatives and the Com- 11 mittee on Energy and Natural Resources in the Senate. 12 SEC. 104. STATUS OF SURFACE STORAGE STUDIES. 13 One year after the date of the enactment of this Act, 14 the Secretary of the Interior shall provide a progress re- 15 port on the status of feasibility studies undertaken pursu- 16 ant to section 102(d)(1) to the Committee on Natural Re- 17 sources in the House of Representatives and the Com- 18 mittee on Energy and Natural Resources in the Senate. 19 The report shall include timelines for study completion, 20 draft environmental impact statements, final environ- 21 mental impact statements, and Records of Decision. 22 VerDate Sep 11 2014 19:46 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4018.IH H4018 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4018 IH TITLE II—PROTECTION OF 1 THIRD-PARTY WATER RIGHTS 2 SEC. 201. OFFSET FOR STATE WATER PROJECT. 3 (a) IMPLEMENTATION IMPACTS.—In the event oper- 4 ations of the State Water Project are restr [Text truncated for display. Full text available on Congress.gov.]