Sec. 404. Allocations for Sacramento Valley water service contractors
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In this section: The term existing Central Valley Project agricultural water service contractor within the Sacramento River Watershed means any water service contractor within the Shasta, Trinity, or Sacramento River Division of the Central Valley Project that has in effect a water service contract on the date of enactment of this Act that provides water for irrigation. The terms Above Normal , Below Normal , Dry , and Wet , with respect to a year, have the meanings given those terms in the Sacramento Valley Water Year Type (40–30–30) Index.
Subject to subsection (c), the Secretary of the Interior shall make every reasonable effort in the operation of the Central Valley Project to allocate water provided for irrigation purposes to each existing Central Valley Project agricultural water service contractor within the Sacramento River Watershed in accordance with the following: Not less than 100 percent of the contract quantity shall be allocated to the Central Valley Project agricultural water service contractor within the Sacramento River Watershed in a Wet year.
Not less than 100 percent of the contract quantity shall be allocated to the Central Valley Project agricultural water service contractor within the Sacramento River Watershed in an Above Normal year. Not less than 100 percent of the contract quantity shall be allocated to the Central Valley Project agricultural water service contractor within the Sacramento River Watershed in a Below Normal year that is preceded by an Above Normal or Wet year. Not less than 50 percent of the contract quantity shall be allocated to the existing Central Valley Project agricultural water service contractor within the Sacramento River Watershed in a Dry year that is preceded by a Below Normal, Above Normal, or Wet year.
Subject to paragraph (2), in any other year not identified in any of subparagraphs
(A)through (D), the Secretary shall allocate not less than twice the allocation percentage to south-of-Delta Central Valley Project agricultural water service contractors, up to 100 percent. In the event of anomalous circumstances, nothing in paragraph (1)(E) precludes an allocation to an existing Central Valley Project agricultural water service contractor within the Sacramento River Watershed that is greater than twice the allocation percentage to a south-of-Delta Central Valley Project agricultural water service contractor. Nothing in subsection
(b)shall adversely affect any protections for the environment, including— the cold water pool behind Shasta Dam or any other Central Valley Project reservoir; the obligation of the Secretary of the Interior to make water available to managed wetlands pursuant to section 3406(d) of the Central Valley Project Improvement Act ( Public Law 102–575 ; 106 Stat. 4722); or any obligation— of the Secretaries of the Interior and Commerce under the smelt biological opinion, the salmonid biological opinion, or any other applicable biological opinion; or under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Central Valley Project Improvement Act ( Public Law 102–575 ; 106 Stat. 4706), or any other applicable State or Federal law (including regulations). Nothing in subsection
(b)shall— modify any provision of a water service contract that addresses municipal or industrial water shortage policies of the Secretaries of the Interior and Commerce; affect or limit the authority of the Secretaries of the Interior and Commerce— to adopt or modify municipal and industrial water shortage policies; or to implement a municipal or industrial water shortage policy; constrain, govern, or affect, directly or indirectly, the operations of the American River Division of the Central Valley Project or any deliveries from that Division or a unit or facility of that Division; or affect any allocation to a Central Valley Project municipal or industrial water service contractor by increasing or decreasing allocations to the contractor, as compared to the allocation the contractor would have received absent subsection (b). Nothing in subsection
(b)shall— affect the priority of any individual or entity with a Sacramento River settlement contract over water service or repayment contractors; affect the obligation of the United States to make a substitute supply of water available to the San Joaquin River exchange contractors; result in the involuntary reduction in water allocations to refuge contractors; affect the allocation of water to Friant Division contractors of the Central Valley Project; result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the Friant Division; or authorize any actions inconsistent with State water rights law.
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- Pub. L. 102-575
- 106 Stat. 4722
- 106 Stat. 4706
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Sec. 404
Allocations for Sacramento Valley water service contractors
Pub. L.Pub. L. 102-575
Stat.106 Stat. 4722
Stat.106 Stat. 4706
Cites 4Cited by 0 across 0 sources