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Code · BILL · 114th Congress · S. 2533 (Introduced in Senate) — To provide short-term water supplies to drought-stricken California and provide for long-term investments in drought... · Sec. 401

Sec. 401. Offset for State Water Project

324 words·~1 min read·/bill/114/s/2533/is/section-401

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The Secretary of the Interior shall confer with the California Department of Fish and Wildlife in connection with the implementation of this Act regarding potential impacts to any consistency determination for operations of the State Water Project issued pursuant to section 2080.1 of the California Fish and Game Code. If, as a result of the application of this Act, the California Department of Fish and Wildlife— determines that operations of the State Water Project are inconsistent with the consistency determinations issued pursuant to California Fish and Game Code section 2080.1 for operations of the State Water Project; or requires take authorization under California Fish and Game Code section 2081 for operation of the State Water Project, in a manner that directly or indirectly results in reduced water supply to the State Water Project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion, and as a result, Central Valley Project yield is greater than it otherwise would have been, then that additional yield shall be made available to the State Water Project for delivery to State Water Project contractors to offset the reduced water supply, provided that if it is necessary to reduce water supplies for any Central Valley Project authorized uses or contractors to make available to the State Water Project that additional yield, such reductions shall be applied proportionately to those uses or contractors that benefit from that increased yield.
The Secretaries of the Interior and Commerce shall— notify the Director of the California Department of Fish and Wildlife regarding any changes in the manner in which the smelt biological opinion or the salmonid biological opinion is implemented; and confirm that those changes are consistent with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). Nothing in this section shall have any effect on the application of the California Endangered Species Act (California Fish and Game Code sections 2050 through 2116).
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Sec. 401
Offset for State Water Project
U.S.C.§ 1531
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