HR 1769 — San Luis Unit Drainage Resolution Act

1769 IntroducedReported in House (IH)](RH)] <DOC> 115thUnion CONGRESSCalendar 1stNo. Session H.

253 115th CONGRESS 1st Session H.

1769 To[Report affirmNo. an agreement between the United States and Westlands Water District dated September 15, 2015, and for other purposes.

115-349] To affirm an agreement between the United States and Westlands Water District dated September 15, 2015, and for other purposes.

which was referred to the Committee on Natural Resources October 16, 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on March 28, 2017] _______________________________________________________________________ A BILL To affirm an agreement between the United States and Westlands Water District dated September 15, 2015, and for other purposes.

4705).4706).

Notwithstanding any other provision of law, unless otherwise specified herein, the Westlands Agreement is approved and the Secretary is hereby directed to implement the terms and conditions of the Westlands Agreement.

(1) In the second sentence of section 1(a) after the words ``related facilities'',facilities,'', strike ``but'' and add ``but such features do not include distribution systems or drains within Westlands, and''.

(2) In the sixth sentence of section 1(a), by inserting the following at the end of the sentence:sentence before the period:

``except``, except that the provision of drainage or drainage service under section 1(a) shall not apply to lands within Westlands.''.Westlands''.

(5) In the third sentence of section 8, strike everything between the word ``required'' through and including ``(b)''``(b)'', inserting a period following the word ``unit''``unit'', Strikeand striking the remainder of the proviso in section 8.

Upon enactment of this Act, and as provided in the Westlands Agreement, Westlands shall assume all legal responsibility for the management of drainage water within its boundaries in accordance with Federal and California law;law, provided that Westlands shall not discharge drainage water outside of its boundaries.

provided that Westlands shall not discharge drainage water outside of its boundaries.

(a) Contract Conversion.--The Secretary isshall directed to convert Westlands' existing long-term or interim renewal water service contracts entered into under section 9(e) of the Act of August 4, 1939 (53 Stat.

Such contract shall continue so long as Westlands fulfills its obligations under the contract.

(3) If there is a Condition of Shortage in the amount of water available for delivery to Westlands because of errors in physical operations of the Project, drought, other physical causes beyond the control of the Contracting Officer or actions taken by the Contracting Officer to meet legal obligationsobligations, and no liability shall accrue against the United States or any of its officers, agents or employees for any damage, direct or indirect, arising therefrom.

(c) Water Service Contract for Lemoore Naval Air Station.-- (1) The Secretary isshall directed to enter into a contract under section 9(e)9(d) and 9(c)(1) of the Act of August 4, 1939 (53 Stat.

1196),1195, 1194), with the Secretary of the Navy for the delivery of Project Water to the Lemoore Naval Air Station to meet the irrigationneeds, needsas determined under paragraph (2), of Lemoore Naval Air StationStation, and all associated withremaining airrepayment operations.obligations owing to the United States on the date of enactment of this Act are discharged, and the Secretary shall certify that the lands within the Lemoore Naval Air Station are free from the ownership and full cost pricing limitations of Federal Reclamation law.

(2)Such The contract amountshall ofcontinue Projectso Waterlong madeas available to the LemooreSecretary Navalof Airthe StationNavy underpays sectionall 9(e)applicable contractcharges enteredconsistent into pursuant to paragraph (1) shall be determined by the Secretary through technical analysis with theapplicable Lemoorelaw. Naval Air Station.

(3)(2) InThe anycontract year in which there may occur a Condition of Shortage in the amount of waterProject availableWater formade delivery, the Contracting Officer shall allocate the available Project Water to the Lemoore Naval Air Station according to the allocation steps for municipal and industrial water service contractors under the Centralcontract Valleyentered Projectinto Municipalpursuant andto Industrialparagraph Water(1) Shortageshall Policybe (Policy)determined inby its form on the effectiveSecretary datethrough oftechnical theanalysis contract referenced in paragraphcooperation (1)with for determining the amount of Project Water available for delivery to Lemoore Naval Air Station.

For(3) purposesIn ofany determiningyear ``historicalin use''which underthere themay Policy,occur thea SecretaryCondition shallof considerShortage pastin the amount of water useavailable for irrigationdelivery, needsthe byContracting Officer shall allocate the available Project Water to Lemoore Naval Air Station underin the contractsame authorizedpercentage byas thisallocated section,to ormunicipal suchand useindustrial previouswater toservice contractors in the contract.San Luis Unit of the Project.

(a) Suspension of Capital Obligation.--Upon enactment of this Act, Westlands' capital repayment obligation and payments under its existing water service contracts and the April 1, 1965, repayment contract between the United States and Westlands (contract numbered 14-06-200- 2020-A) as further defined in subsection (d), shall be suspended until the execution of the section 9(d) repayment contract referenced in section 6,6(a) of this Act, and upon execution of the section 9(d) repayment contract, Westlands shall receive a credit against future operation and maintenance costs payable to the United States in the amount of the capital costs under the existing water service contracts and the 1965 Repayment Contract paid by Westlands between the date of the Westlands Agreement and the date of enactment of this Act.

(b) Costs.--Costs incurred by the United States for purposes of re- evaluating, planning, or providing drainage service to Westlands shall be non-reimbursable as set forth in paragraphsparagraph (9)(C)(iv) of the Westlands Agreement.

(c) Relief of Capital Repayment Obligations.-- (1) Upon the date of execution of the section 9(d) repayment contracts referenced in section 6(a),6(a) of this Act, and as set forth in the Westlands Agreement, Westlands shall be relieved of-- (A) its capital repayment obligations under the June 5, 1963, water service contract between the United States and Westlands (contract number 14-06-200-495-A) providing for water service, or any renewals thereof, and any water service contracts assigned to Westlands, Westlands Distribution District No.

(2) Repayment relief granted in paragraphsparagraph (1) and (2) shall not extend to Westlands' operation and maintenance obligations, whether payable to the United States or to an operating non-Federalnon- Federal entity, or to construction costs or other capitalized costs not yet allocated to or incurred by Westlands as of the date of the Westlands Agreement, respectively, including, but not limited to costs attributable to the Folsom Safety of Dams modifications, or the B.F.

(d) Applicability of Certain Provisions.-- (1) Reclamation reform act.--Upon discharge of the capital repayment obligation as provided in subsection (b),(c), the provisions of section 213(a) and (b) of the Reclamation Reform Act of 1982 (96 Stat.

(A) Internal water distribution system within Westlands, including:including approximately 1,045 miles of buried pipeline.

Approximately 1,045 miles of buried pipeline.

San Luis Canal Left and Right Bank pumping plants.plants which includes but is not limited to, Pumping Plants P1 through P38 located at the head end of the gravity laterals to supply the head required for the ``P'' laterals;

Includesand butpumping isplants, nottanks, limitedreservoirs, to,and Pumpingre-lift Plantspumping P1plants throughto P38serve locatedlands atwest the head end of the gravitySan lateralsLuis toCanal; supply the head required for the ``P'' laterals.

and Pumping Plants,Plant tanks,7.05 reservoirs,off re-liftLateral pumping7. plants to serve lands west of the San Luis Canal.

Pumping Plant 7.05 off Lateral 7.

(d) Applicable Law.--The Secretary shall transfer title pursuant to this section consistent with all applicable Federal Reclamation policies and procedures.

4706, 4717).4714).

<all>Union Calendar No.

253 115th CONGRESS 1st Session H.

R.

1769 [Report No.

115-349] _______________________________________________________________________ A BILL To affirm an agreement between the United States and Westlands Water District dated September 15, 2015, and for other purposes.

_______________________________________________________________________ October 16, 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed