Federal

Protect Our Water Rights Act

Source: Congress.gov · 1,328 words in original text

What This Bill Does

This bill updates how two federal water projects operate: the Central Valley Project and the Klamath River Basin Reclamation Project. The bill requires the Secretary of the Interior to guarantee certain water amounts to Sacramento Valley agricultural water contractors and changes cost-sharing responsibilities between water contractors and the Bureau of Reclamation.

Who It Affects

- Agricultural water service contractors in the Sacramento River Watershed (Shasta, Trinity, and Sacramento River Divisions) - South-of-Delta Central Valley Project agricultural water contractors - San Joaquin River Exchange Contractors - Friant Division contractors - Irrigation districts and water user associations with Klamath River Basin contracts - The Bureau of Reclamation - Congress (receives required report)

Key Provisions

- Sacramento Valley agricultural water contractors receive at least 100 percent of their contract water amounts in "Wet" and "Above Normal" years, at least 75 percent in "Below Normal" years, and at least 50 percent in "Dry" and "Critically Dry" years (Sec. 2(a)(1)(A)) - In all other year types, Sacramento Valley contractors receive allocations that are at least twice the percentage given to south-of-Delta contractors, up to 100 percent maximum (Sec. 2(a)(1)(A)) - The Secretary must hold at least one in-person field hearing in each county where Central Valley Project water contractors are located between initial and final water allocation announcements (Sec. 3) - Operation and maintenance cost responsibilities reverse between the Bureau of Reclamation and Central Valley Project water contractors (Sec. 4) - The Secretary must submit a report to Congress within one year accounting for debt owed by irrigation districts and water user associations for Klamath River Basin Reclamation Project construction (Sec. 5) - When operating Upper Klamath Lake, all water above elevation 4136.0 feet must be used solely for agricultural and refuge purposes, and storage must be maximized when practicable (Sec. 6)

What Changes

The bill guarantees specific minimum water allocations to Sacramento Valley contractors based on water year type. The cost responsibilities between the Bureau of Reclamation and water contractors swap. The Secretary must hold public field hearings in contractor counties during water allocation season. Upper Klamath Lake operations must prioritize agricultural and refuge water use above a specific elevation level.

Important Definitions

- "Existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed" means water service contractors within the Shasta, Trinity, and Sacramento River Divisions of the Central Valley Project that had an active water service contract for irrigation on the bill's enactment date (Sec. 2(e)) - Year types ("Wet," "Above Normal," "Below Normal," "Dry," "Critically Dry") are defined by the Sacramento Valley Water Year Type (40-30-30) Index (Sec. 2(b))

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 289 To update requirements for the operation of the Central Valley Project and Klamath River Basin Reclamation Project by the Bureau of Reclamation. IN THE HOUSE OF REPRESENTATIVES JANUARY 11, 2023 Mr. LAMALFA introduced the following bill; which was referred to the Committee on Natural Resources A BILL To update requirements for the operation of the Central Valley Project and Klamath River Basin Reclamation Project by the Bureau of Reclamation. 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 ‘‘Protect Our Water 4 Rights Act’’. 5 SEC. 2. ALLOCATIONS FOR SACRAMENTO VALLEY CON- 6 TRACTORS. 7 (a) ALLOCATIONS; CONDITIONS.— 8 (1) ALLOCATIONS.— 9 VerDate Sep 11 2014 22:16 Jan 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 289 IH (A) IN GENERAL.—The Secretary of the 1 Interior, acting through the Bureau of Rec- 2 lamation (in this Act, referred to as the ‘‘Sec- 3 retary’’) is directed, in the operation of the 4 Central Valley Project, to allocate water pro- 5 vided for irrigation purposes to existing Central 6 Valley Project agricultural water service con- 7 tractors within the Sacramento River Water- 8 shed in compliance with the following: 9 (i) Not less than 100 percent of their 10 contract quantities in a ‘‘Wet’’ year. 11 (ii) Not less than 100 percent of their 12 contract quantities in an ‘‘Above Normal’’ 13 year. 14 (iii) Not less than 75 percent of their 15 contract quantities in a ‘‘Below Normal’’ 16 year. 17 (iv) Not less than 50 percent of their 18 contract quantities in a ‘‘Dry’’ year. 19 (v) Not less than 50 percent of their 20 contract quantities in a ‘‘Critically Dry’’ 21 year. 22 (vi) In all years not identified in sub- 23 paragraphs (A) through (E), the allocation 24 percentage for existing Central Valley 25 VerDate Sep 11 2014 22:16 Jan 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 289 IH Project agricultural water service contrac- 1 tors within the Sacramento River Water- 2 shed shall not be less than (but may be 3 more than) twice the allocation percentage 4 to south-of-Delta Central Valley Project 5 agricultural water service contractors, up 6 to 100 percent. 7 (B) THE YEAR TYPE TERMS.—The year 8 type terms used in subparagraph (A) have the 9 meaning given those year types in the Sac- 10 ramento Valley Water Year Type (40–30–30) 11 Index. 12 (2) CONDITIONS.—The Secretary’s actions 13 under paragraph (1) shall be subject to— 14 (A) the priority of individuals or entities 15 with Sacramento River water rights, including 16 those with Sacramento River Settlement Con- 17 tracts, that have priority to the diversion and 18 use of Sacramento River water over water 19 rights held by the United States for operations 20 of the Central Valley Project; 21 (B) the United States obligation to make 22 a substitute supply of water available to the 23 San Joaquin River Exchange Contractors; and 24 VerDate Sep 11 2014 22:16 Jan 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 289 IH (C) the Secretary’s obligation to make 1 water available to managed wetlands pursuant 2 to section 3406(d) of the Central Valley Project 3 Improvement Act, (Public Law 102–575). 4 (b) PROTECTION OF MUNICIPAL AND INDUSTRIAL 5 SUPPLIES.—Nothing in subsection (a) shall be deemed 6 to— 7 (1) modify any provision of a water service con- 8 tract that addresses municipal and industrial water 9 shortage policies of the Secretary; 10 (2) affect or limit the authority of the Secretary 11 to adopt or modify municipal and industrial water 12 shortage policies; 13 (3) affect or limit the authority of the Secretary 14 to implement municipal and industrial water short- 15 age policies; or 16 (4) affect allocations to Central Valley Project 17 municipal and industrial contractors pursuant to 18 such policies. 19 (c) PROTECTION OF OPERATIONS AND DELIV- 20 ERIES.—Nothing in subsection (a) or the Secretary’s im- 21 plementation of subsection (a) shall constrain, govern, or 22 affect, directly or indirectly, the operations of the Central 23 Valley Project’s American River Division or any deliveries 24 from that Division, its units or facilities. 25 VerDate Sep 11 2014 22:16 Jan 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 289 IH (d) NO EFFECT ON ALLOCATIONS.—Nothing in sub- 1 section (a) shall— 2 (1) affect the allocation of water to Friant Divi- 3 sion contractors; or 4 (2) result in the involuntary reduction in con- 5 tract water allocations to individuals or entities with 6 contracts to receive water from the Friant Division. 7 (e) TERM DEFINED.—In this section, the term ‘‘ex- 8 isting Central Valley Project agricultural water service 9 contractors within the Sacramento River Watershed’’ 10 means water service contractors within the Shasta, Trin- 11 ity, and Sacramento River Divisions of the Central Valley 12 Project, that have a water service contract in effect, on 13 the date of the enactment of this section, that provides 14 water for irrigation. 15 SEC. 3. ANNUAL ALLOCATION FIELD BRIEFINGS. 16 The Secretary shall hold not less than 1 in-person 17 field hearing each county where a Central Valley Project 18 water service contractor is located during the period that 19 is after the initial water allocations for the Central Valley 20 Project and before the final water allocation announce- 21 ment for the Central Valley Project. 22 VerDate Sep 11 2014 22:16 Jan 23, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 289 IH SEC. 4. ADJUSTMENT OF COST REQUIREMENTS. 1 The operation and maintenance costs required to be 2 paid by Central Valley Project water contractors and the 3 Bureau of Reclamation shall be reversed, such that— 4 (1) the allocation percentage obligation held by 5 the Bureau of Reclamation on the day before the 6 date of the enactment of this Act shall be held by 7 Central Valley Project water contractors; and 8 (2) the allocation percentage obligation held by 9 the Central Valley Project water contractors on the 10 day before the date of the enactment of this Act 11 shall be held by the Bureau of Reclamation. 12 SEC. 5. REPORT. 13 Not later than 1 year after the date of the enactment 14 of this Act, the Secretary shall submit to Congress a re- 15 port that includes an account of amounts that irrigation 16 districts and water user associations contracted with the 17 Bureau of Reclamation for agricultural water deliveries 18 owe to the Bureau of Reclamation related to debt incurred 19 for construction of facilities and other aspects of the 20 Klamath River Basin Reclamation Project. 21 SEC. 6. WATER OPERATIONS IN UPPER KLAMATH LAKE. 22 When operating the Klamath River Basin Reclama- 23 tion Project, the Secretary, in accordance with State-adju- 24 dicated water rights, shall— 25 VerDate Sep 11 2014 22:16 Jan 23, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 289 IH (1) operate all water in Upper Klamath Lake 1 above elevation 4136.0 feet solely for agricultural 2 and refuge purposes; and 3 (2) to the extent practicable when operating all 4 water in Upper Klamath Lake in accordance with 5 paragraph (1), maximize storage in the Upper 6 Klamath Lake. 7 Æ VerDate Sep 11 2014 22:16 Jan 23, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H289.IH H289 pbinns on DSKJLVW7X2PROD with $$_JOB

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