In recent years, parts of the West have been subject to prolonged drought conditions, including a severe drought in California that lasted from 2012 to 2016. Although by most metrics the drought in California has ended, debate regarding the possible detrimental effects of certain federal water supply-related authorities, as well as the federal role in water resources development more broadly, continues. Although some argue that a rollback of existing environmental protections should be only a temporary measure taken during times of drought (if at all), others contend that the drought in California magnified an issue that needs to be addressed, regardless of hydrological conditions. The 114 th Congress saw significant drought-related legislation enacted in the form of Subtitle J of the Water Resources Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322 ). The WIIN Act included a number of provisions generally related to Reclamation, as well as several provisions specifically focusing on the operations of the CVP. Some, but not all, of those provision are scheduled to sunset after five years. In the 115 th Congress, multiple proposals (including those that were previously proposed but were not enacted in the WIIN Act) have been consolidated in H.R. 23 , the Gaining Responsibility on Water Act of 2017 (GROW Act). The House Rules Committee version of H.R. 23 included seven titles. Titles I-IV are for the most part specific to California. They include directives for the operation of the CVP and amendments to the Central Valley Project Improvement Act (CVPIA; Title XXXIV of P.L. 102-575 ) and the San Joaquin River Restoration Act (Title X of P.L. 111-11 , the Omnibus Public Land Management Act of 2009), among other things. Titles V-VII would be West-wide in their application and would include changes related to water supply development on federal lands and Reclamation's project development process. These titles also would include restrictions on the federal government's abilities to exercise reserved water rights. Supporters of the bill argue that these changes would provide more water to users from existing and new sources while safeguarding existing state water rights. Opponents believe that the bill goes too far in rolling back environmental protections, which, along with the effects of other parts of the legislation (e.g., potential new storage projects), could be detrimental to species and their habitats. Several of the bill's titles have been considered and/or passed by the House in the 115 th or prior congresses. Other titles are new or altered compared to language that has been considered previously. Based on past congressional debates, some provisions (in particular those that would preempt state law and make major changes to CVP operations and the San Joaquin River Restoration Settlement) may be controversial. In considering these provisions, Congress may consider the trade-offs involved in proposed changes. The remainder of this report focuses on the most prominent provisions of H.R. It is not an exhaustive summary of the bill, but it provides relevant context and background for individual titles and sections. The report also provides a broad discussion of potential issues for Congress in considering this legislation. 23 would establish a new framework for implementation, including priority listing of restoration projects and other conditions and requirements; allow for the release of flows under the SJRRS only if mitigation actions, including actions to mitigate the effects of the San Joaquin River Restoration Settlement on landowners, have been implemented; direct that the settlement may not result in material adverse impacts to third parties, including groundwater seepage or groundwater rising above a threshold of 10 feet below the surface; require that costs for any fish barriers that need to be installed pursuant to ESA will be paid by DOI; forbid the acquisition of land to implement the SJRRS through eminent domain; declare that Sections 5930-5948 of the California Fish and Game Code and other applicable federal laws and the settlement agreement are met through compliance with the bill's provisions; and declare that under conditions in which flows beyond Exhibit B of the SJRRS are recommended, then the authority to implement the settlement would terminate.
In recent years, parts of the American West (i.e., the 17 states west of the Mississippi River) have been subject to prolonged drought conditions, including a severe drought in California that lasted from 2012 to 2016. Dating to the 112th Congress, several bills were proposed to address these conditions. The 114th Congress saw significant drought-related legislation enacted in the form of Subtitle J of the Water Resources Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322). The WIIN Act included a number of provisions generally related to the Bureau of Reclamation (or Reclamation, a bureau within the Department of the Interior), as well as several provisions specifically focusing on the operations of the Central Valley Project (CVP), a large federal water project in California. Some, but not all, of those provisions are scheduled to sunset after five years.
Although by most metrics the drought in California has ended, debate continues regarding the possible detrimental effects of certain federal water supply-related authorities and the federal role in water resources development more broadly. Although some argue that rollback of existing environmental protections should be only a temporary measure taken during times of drought (if at all), others contend that the drought in California magnified an issue that needs to be addressed, regardless of hydrological conditions.
In the 115th Congress, multiple proposals (including those that were previously proposed but were not enacted in the WIIN Act) have been consolidated in H.R. 23, the Gaining Responsibility on Water Act of 2017 (GROW Act).
The House Rules Committee version of H.R. 23 included seven titles. Titles I-IV of the bill are for the most part specific to California and include directives for the operation of the CVP and amendments to the Central Valley Project Improvement Act (CVPIA; Title XXIV of P.L. 102-575) and the San Joaquin River Restoration Act (Title X of P.L. 111-11, the Omnibus Public Land Management Act of 2009), among other things. Titles V-VII would be West-wide in their application and would include changes related to water supply development on federal lands and Reclamation's project-development process. These titles also would include restrictions on the federal government's abilities to exercise reserved water rights. Supporters of the bill argue that these changes would provide more water to users from existing and new sources while safeguarding existing state water rights. Opponents believe that the bill goes too far in rolling back environmental protections, which, along with the effects of other parts of the legislation (e.g., potential new storage projects), could be detrimental to species and their habitat.
Several of the bill's titles have been considered and/or passed by the House in the 115th or prior congresses. Other titles are new or altered compared to language that has been considered previously. Based on past congressional debates, some provisions (in particular those that would make major changes to CVP operations and the San Joaquin River Restoration Settlement) may be controversial. In considering these provisions, Congress may consider the trade-offs involved in proposed changes.
This report focuses on the most prominent provisions of H.R. 23. It provides relevant context and background for individual titles and sections, as well as a broad discussion of potential issues for Congress in considering this legislation.