Sec. 10004. IMPLEMENTATION OF SETTLEMENT
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## SEC. 10004 IMPLEMENTATION OF SETTLEMENT ###
(a)In General The Secretary of the Interior is hereby authorized and directed to implement the terms and conditions of the Settlement in cooperation with the State of California, including the following measures as these measures are prescribed in the Settlement: ####
(1)Design and construct channel and structural improvements as described in paragraph 11 of the Settlement, provided, however, that the Secretary shall not make or fund any such improvements to facilities or property of the State of California without the approval of the State of California and the State’s agreement in 1 or more memoranda of understanding to participate where appropriate. ####
(2)Modify Friant Dam operations so as to provide Restoration Flows and Interim Flows. ####
(3)Acquire water, water rights, or options to acquire water as described in paragraph 13 of the Settlement, provided, however, such acquisitions shall only be made from willing sellers and not through eminent domain. ####
(4)Implement the terms and conditions of paragraph 16 of the Settlement related to recirculation, recapture, reuse, exchange, or transfer of water released for Restoration Flows or Interim Flows, for the purpose of accomplishing the Water Management Goal of the Settlement, subject to— #####
(A)applicable provisions of California water law; #####
(B)the Secretary’s use of Central Valley Project facilities to make Project water (other than water released from Friant Dam pursuant to the Settlement) and water acquired through transfers available to existing south-of-Delta Central Valley Project contractors; and #####
(C)the Secretary’s performance of the Agreement of November 24, 1986, between the United States of America and the Department of Water Resources of the State of California for the coordinated operation of the Central Valley Project and the State Water Project as authorized by Congress in section 2(d) of the Act of August 26, 1937 (50 Stat. 850, 100 Stat. 3051), including any agreement to resolve conflicts arising from said Agreement. ####
(5)Develop and implement the Recovered Water Account as specified in paragraph 16(b) of the Settlement, including the pricing and payment crediting provisions described in paragraph 16(b)(3) of the Settlement, provided that all other provisions of Federal reclamation law shall remain applicable. ###
(b)Agreements ####
(1)Agreements with the state In order to facilitate or expedite implementation of the Settlement, the Secretary is authorized and directed to enter into appropriate agreements, including cost-sharing agreements, with the State of California. ####
(2)Other agreements The Secretary is authorized to enter into contracts, memoranda of understanding, financial assistance agreements, cost sharing agreements, and other appropriate agreements with State, tribal, and local governmental agencies, and with private parties, including agreements related to construction, improvement, and operation and maintenance of facilities, subject to any terms and conditions that the Secretary deems necessary to achieve the purposes of the Settlement. ###
(c)Acceptance and Expenditure of Non-Federal Funds The Secretary is authorized to accept and expend non-Federal funds in order to facilitate implementation of the Settlement. ###
(d)Mitigation of Impacts Prior to the implementation of decisions or agreements to construct, improve, operate, or maintain facilities that the Secretary determines are needed to implement the Settlement, the Secretary shall identify— ####
(1)the impacts associated with such actions; and ####
(2)the measures which shall be implemented to mitigate impacts on adjacent and downstream water users and landowners. ###
(e)Design and Engineering Studies The Secretary is authorized to conduct any design or engineering studies that are necessary to implement the Settlement. ###
(f)Effect on Contract Water Allocations Except as otherwise provided in this section, the implementation of the Settlement and the reintroduction of California Central Valley Spring Run Chinook salmon pursuant to the Settlement and section 10011, shall not result in the involuntary reduction in contract water allocations to Central Valley Project long-term contractors, other than Friant Division long-term contractors. ###
(g)Effect on Existing Water Contracts Except as provided in the Settlement and this part, nothing in this part shall modify or amend the rights and obligations of the parties to any existing water service, repayment, purchase, or exchange contract. ###
(h)Interim Flows ####
(1)Study required Prior to releasing any Interim Flows under the Settlement, the Secretary shall prepare an analysis in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including at a minimum— #####
(A)an analysis of channel conveyance capacities and potential for levee or groundwater seepage; #####
(B)a description of the associated seepage monitoring program; #####
(C)an evaluation of— ######
(i)possible impacts associated with the release of Interim Flows; and ######
(ii)mitigation measures for those impacts that are determined to be significant; #####
(D)a description of the associated flow monitoring program; and #####
(E)an analysis of the likely Federal costs, if any, of any fish screens, fish bypass facilities, fish salvage facilities, and related operations on the San Joaquin River south of the confluence with the Merced River required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as a result of the Interim Flows. ####
(2)Conditions for release The Secretary is authorized to release Interim Flows to the extent that such flows would not— #####
(A)impede or delay completion of the measures specified in Paragraph 11(a) of the Settlement; or #####
(B)exceed existing downstream channel capacities. ####
(3)Seepage impacts The Secretary shall reduce Interim Flows to the extent necessary to address any material adverse impacts to third parties from groundwater seepage caused by such flows that the Secretary identifies based on the monitoring program of the Secretary. ####
(4)Temporary fish barrier program The Secretary, in consultation with the California Department of Fish and Game, shall evaluate the effectiveness of the Hills Ferry barrier in preventing the unintended upstream migration of anadromous fish in the San Joaquin River and any false migratory pathways. If that evaluation determines that any such migration past the barrier is caused by the introduction of the Interim Flows and that the presence of such fish will result in the imposition of additional regulatory actions against third parties, the Secretary is authorized to assist the Department of Fish and Game in making improvements to the barrier. From funding made available in accordance with section 10009, if third parties along the San Joaquin River south of its confluence with the Merced River are required to install fish screens or fish bypass facilities due to the release of Interim Flows in order to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary shall bear the costs of the installation of such screens or facilities if such costs would be borne by the Federal Government under section 10009(a)(3), except to the extent that such costs are already or are further willingly borne by the State of California or by the third parties. ###
(i)Funding Availability ####
(1)In general Funds shall be collected in the San Joaquin River Restoration Fund through October 1, 2019, and thereafter, with substantial amounts available through October 1, 2019, pursuant to section 10009 for implementation of the Settlement and parts I and III, including— #####
(A)$88,000,000, to be available without further appropriation pursuant to section 10009(c)(2); #####
(B)additional amounts authorized to be appropriated, including the charges required under section 10007 and an estimated $20,000,000 from the CVP Restoration Fund pursuant to section 10009(b)(2); and #####
(C)an aggregate commitment of at least $200,000,000 by the State of California. ####
(2)Additional amounts Substantial additional amounts from the San Joaquin River Restoration Fund shall become available without further appropriation after October 1, 2019, pursuant to section 10009(c)(2). ####
(3)Effect of subsection Nothing in this subsection limits the availability of funds authorized for appropriation pursuant to section 10009(b) or 10203(c). ###
(j)San Joaquin River Exchange Contract Subject to section 10006(b), nothing in this part shall modify or amend the rights and obligations under the Purchase Contract between Miller and Lux and the United States and the Second Amended Exchange Contract between the United States, Department of the Interior, Bureau of Reclamation and Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District and Columbia Canal Company.
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- 100 Stat. 3051
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Sec. 10004
IMPLEMENTATION OF SETTLEMENT
Stat.100 Stat. 3051
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