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Code · BILL · 113th Congress · H.R. 3964 (Placed on Calendar Senate) — To address certain water-related concerns in the Sacramento-San Joaquin Valley, and for other purposes. · Sec. 204

Sec. 204. Implementation of restoration

1,279 words·~6 min read·/bill/113/hr/3964/pcs/section-204·

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Section 10004 of the San Joaquin River Restoration Settlement Act ( Public Law 111–11 ) is amended— in subsection (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: ; by striking paragraphs (1), (2), (4), and (5); in paragraph (3)— by striking
(3)and inserting
(1); and by striking paragraph 13 of the Settlement and inserting this part ; and by adding at the end the following new paragraphs: In each Water Year, commencing in the Water Year starting on March 1, 2015— shall modify Friant Dam operations so as to release the Restoration Flows for that Water Year, except in any Critical Water Year; 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; 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 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 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. ; in subsection (b)— in paragraph (1), by striking the Settlement and inserting this part ; and in paragraph (2), by striking the Settlement and inserting this part ; in subsection (c), by striking the Settlement and inserting this part ; by striking subsection
(d)and inserting the following: Prior to October 1, 2015, the Secretary shall identify— the impacts associated with the release of Restoration Flows prescribed in this part; 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 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. ; in subsection (e), by striking the Settlement and inserting this part ; in subsection (f), by striking the Settlement and all that follows through section 10011 and insert this part ; in subsection (g)— by striking the Settlement and before this part; and by striking or exchange contract and inserting exchange contract, or water rights settlement or holding contracts ; in subsection (h)— by striking in the header; Interim in paragraph (1)— in the matter preceding subparagraph (A), by striking Interim Flows under the Settlement and inserting Restoration Flows under this part ; in subparagraph (C)— in clause (i), by striking Interim and inserting Restoration ; and in clause (ii), by inserting and after the semicolon; in subparagraph (D), by striking and at the end; and by striking subparagraph (E); in paragraph (2)— by striking Interim and inserting Restoration ; by striking subparagraph (A); and by striking
(B)exceed and inserting exceed ; in paragraph (3), by striking Interim and inserting Restoration ; and by striking paragraph
(4)and inserting the following: 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 . ; in subsection (i)— in paragraph (1)— in the matter preceding subparagraph (A), by striking the Settlement and parts I and III and inserting this part ; in subparagraph (A), by inserting and after the semicolon; in subparagraph (B)— by striking additional amounts authorized to be appropriated, including the ; and by striking ; and and inserting a period; and by striking subparagraph (C); and by striking paragraph (3); and by adding at the end the following new subsections: 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. 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. 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. Projects to implement this title shall be phased such that each project shall follow the sequencing identified below and include at least the— project purpose and need; identification of mitigation measures; appropriate environmental review; and prior to releasing Restoration Flows under this part, the Secretary shall— complete the implementation of mitigation measures required; and complete implementation of the project. .
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  • Pub. L. 111-11
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Sec. 204
Implementation of restoration
Pub. L.Pub. L. 111-11
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