Sec. 4002. SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR FLOW REQUIREMENTS

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## SEC. 4002 SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF OMR FLOW REQUIREMENTS ###

(a)In general In implementing the provisions of the smelt biological opinion and the salmonid biological opinion, the Secretary of the Interior and the Secretary of Commerce shall manage reverse flow in Old and Middle Rivers at the most negative reverse flow rate allowed under the applicable biological opinion to maximize water supplies for the Central Valley Project and the State Water Project, unless that management of reverse flow in Old and Middle Rivers to maximize water supplies would cause additional adverse effects on the listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion, or would be inconsistent with applicable State law requirements, including water quality, salinity control, and compliance with State Water Resources Control Board Order D-1641 or a successor order. ###

(b)Requirements If the Secretary of the Interior or Secretary of Commerce determines to manage rates of pumping at the C.W. “Bill” Jones and the Harvey O. Banks pumping plants in the southern Delta to achieve a reverse OMR flow rate less negative than the most negative reverse flow rate prescribed by the applicable biological opinion, the Secretary shall— ####

(1)document in writing any significant facts regarding real-time conditions relevant to the determinations of OMR reverse flow rates, including— #####

(A)targeted real-time fish monitoring in the Old River pursuant to this section, including as it pertains to the smelt biological opinion monitoring of Delta smelt in the vicinity of Station 902; #####

(B)near-term forecasts with available salvage models under prevailing conditions of the effects on the listed species of OMR flow at the most negative reverse flow rate prescribed by the biological opinion; and #####

(C)any requirements under applicable State law; and ####

(2)explain in writing why any decision to manage OMR reverse flow at rates less negative than the most negative reverse flow rate prescribed by the biological opinion is necessary to avoid additional adverse effects on the listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion, after considering relevant factors such as— #####

(A)the distribution of the listed species throughout the Delta; #####

(B)the potential effects of high entrainment risk on subsequent species abundance; #####

(C)the water temperature; #####

(D)other significant factors relevant to the determination, as required by applicable Federal or State laws; #####

(E)turbidity; and #####

(F)whether any alternative measures could have a substantially lesser water supply impact. ###

(c)Level of Detail Required The analyses and documentation required by this section shall be comparable to the depth and complexity as is appropriate for real time decision-making. This section shall not be interpreted to require a level of administrative findings and documentation that could impede the execution of effective real time adaptive management. ###

(d)First sediment flush During the first flush of sediment out of the Delta in each water year, and provided that such determination is based upon objective evidence, notwithstanding subsection (a), the Secretary of the Interior shall manage OMR flow pursuant to the provisions of the smelt biological opinion that protects adult Delta smelt from the first flush if required to do so by the smelt biological opinion. ###

(e)Construction The Secretary of the Interior and the Secretary of Commerce are authorized to implement subsection

(a)consistent with the results of monitoring through Early Warning Surveys to make real time operational decisions consistent with the current applicable biological opinion. ###

(f)Calculation of Reverse Flow in OMR Within 180 days of the enactment of this subtitle, the Secretary of the Interior is directed, in consultation with the California Department of Water Resources, and consistent with the smelt biological opinion and the salmonid biological opinion, to review, modify, and implement, if appropriate, the method used to calculate reverse flow in Old and Middle Rivers, for implementation of the reasonable and prudent alternatives in the smelt biological opinion and the salmonid biological opinion, and any succeeding biological opinions.