Sec. 3. Emergency projects
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/bill/113/hr/4239/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In response to the declaration of a state of drought emergency by the Governor of the State, the Secretaries shall provide the maximum quantity of water supplies possible to Central Valley Project and Klamath Project agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project contractors, and any other locality or municipality in the State consistent with existing law, including among other things applicable laws and regulations, water quality standards, biological opinions, and court orders.
In carrying out subsection (a), the applicable agency heads described in that subsection shall, consistent with existing law, including among other things applicable laws and regulations, water quality standards, biological opinions, and court orders— authorize and implement actions to provide for real time operations of the Delta Cross Channel Gates, with operations determined by the California State Water Resources Control Board, National Marine Fisheries Service, and California Department of Fish and Wildlife to provide water supply, water quality, and ecosystem benefits for the duration of the State's drought emergency declaration; collect data associated with the operation of the Delta Cross Channel Gates described in paragraph
(1)and its impact on species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), water quality, and water supply; implement turbidity monitoring and control strategies that may allow for increased water deliveries while avoiding potential jeopardy to adult delta smelt (Hypomesus transpacificus) due to entrainment at Central Valley Project and State Water Project pumping plants; implement the San Joaquin River inflow to export ratio called for in the biological opinion issued by the National Marine Fisheries Service on June 4, 2009, including the drought provisions of that biological opinion. If inflows from the San Joaquin River as measured at Vernalis fall below the level that would permit exports to meet public health and safety needs, exports may exceed the ratio, consistent with the biological opinion; allow North of Delta water service contractors with unused 2013 Central Valley Project contract supplies to take delivery of those unused supplies through April 15, 2014, if— the contractor requests the extension; and the requesting contractor certifies that, without the extension, the contractor would have insufficient supplies to adequately meet water delivery obligations; maintain all rescheduled water supplies held in the San Luis Reservoir and Millerton Reservoir for all water users for delivery in the immediately following contract water year unless precluded by reservoir storage capacity limitations; to the maximum extent possible based on the availability of water and without causing land subsidence— meet the contract water supply needs of Central Valley Project refuges through the improvement or installation of wells to use ground water resources of suitable water quality, which activities may be accomplished by using funding made available under section 4 of this Act or the Water Assistance Program of the WaterSMART program of the Department of the Interior; make a quantity of Central Valley Project surface water obtained from the measures implemented under subparagraph
(A)available to Central Valley Project contractors; and to assist in meeting incremental Level 4 needs of CVP refuges, purchase water from willing sellers using funding made available under section 4 of this Act or the Water Assistance Program or the WaterSMART program of the Department of the Interior; make WaterSMART grant funding administered by the Bureau of Reclamation available for eligible projects within the State on a priority and expedited basis— to provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet public health and safety needs; to reduce water demand on irrigated lands; to minimize economic losses resulting from drought conditions; and to provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits; require the Commissioner of Reclamation, in conjunction with the chief of the Natural Resources Conservation Service, to identify projects in the State that do not need Federal or State permitting which can maximize water use efficiencies, prioritized by the cost effectiveness of the efficiencies gained, to inform the funding provided under subsection (3)(b)(10); for reserve works only, authorize any annual operation and maintenance deficits owed to the Federal Government and incurred due to delivery of contract water supplies to a Central Valley Project or Klamath Project agricultural or municipal water service contractor during each fiscal year the State emergency drought declaration is in force, to be repaid to the Federal Government over a period of not less than 3 years at the project interest rate, notwithstanding section 106 of Public Law 99–546 (100 Stat. 3052); issue proposed rules to update stormwater regulations for urban (municipal) and suburban runoff sources, including strong green infrastructure-based requirements for retention of stormwater runoff; approve petitions requesting the EPA to use its residual designation authority to require commercial, industrial, and institutional land uses to control runoff that contributes pollution to rivers, lakes, and beaches; issue guidance on use of rainwater capture, including technical guidance on treatment needs and options for different end uses, to better promote use of rainwater capture and on-site reuse; and implement authorized proposals to upgrade or replace hydropower turbines that improve cold water fish habitat at Central Valley Project facilities. To the extent that they have any role in approving projects to increase water supply projects under subsections
(a)and (b), the provisions of this section shall apply to all other Federal agencies. Upon the request of the State, the heads of Federal agencies shall use the expedited procedures under this subsection to make final decisions relating to a Federal project to provide additional water supplies pursuant to subsections
(a)and (b), consistent with existing law, including among other things applicable laws and regulations, water quality standards, biological opinions, court orders, and section 7 of this Act. Upon the request of the State, the head of an agency referred to in subsection
(a)or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. The Secretary of the Interior shall hold a meeting requested under this subsection within 7 days of receiving the meeting request; and the head of the relevant Federal agency shall issue a final decision on the project within 10 days of the meeting request. Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. The Secretary may convene a final project decision meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under paragraph (2). The authority under this section expires on the date on which the Governor of the State suspends the state of drought emergency declaration or the end of 2016, whichever is earlier.
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- Pub. L. 99-546
- 100 Stat. 3052
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