Senators Feinstein and Boxer Reach Agreement on Bill to Restore California's Endangered Water Ecosystem and Enhance the State's Water Supply
October 11, 2001

Washington, DC - California Senators Dianne Feinstein and Barbara Boxer this week announced an agreement on legislation to help restore California's endangered water ecosystem and enhance California's water supply, reliability and quality to ensure adequate resources for the future.

"This agreement is a step forward for the CALFED process," Senator Feinstein said. "I deeply believe the California energy crisis foreshadowed what could happen with water if we fail to plan ahead. Our state's water infrastructure was built in the 1960s to accommodate 16 million people. But the population has now grown to 34 million and is projected to reach 50 million by 2020. We must act now to ensure an adequate water supply for our State. This legislation does just that."

In many ways similar to legislation Senator Feinstein introduced earlier this year, the compromise CALFED Bay-Delta Authorization Act would protect and restore endangered habitats and ecosystems, authorize the CALFED Record of Decision including the Ecosystem Restoration program and all the environmental projects listed in the Record of Decision.

This includes improving fish passages, restoring streams, rivers and habitats and improving water quality. The bill also authorizes 580,000 acre feet of water in the first year through the environmental water account. Overall, the programs and projects in the legislation are estimated at approximately $3 billion.

The legislation authorizes projects under the State-Federal partnership, known as CALFED, with a federal share of less than $10 million.

The bill also provides an expedited authorization process for the first three storage projects listed in Stage 1 of the Record of Decision, enlarging the Los Vaqueros Reservoir, raising Shasta Dam, and constructing the Delta Wetlands project which involves flooding two Delta Islands for storage and using the other two islands for ecosystem protection.

Summary of the CALFED Bay-Delta Authorization Act

Bay-Delta Program

• Approves the Record of Decision as a framework for addressing ecosystem restoration and water management issues confronting the Bay-Delta.



• Authorizes the U.S. Secretary of Interior to implement Stage 1 of the Record of Decision in accordance with the Act.



• Requires specific congressional authorization for any federal surface water storage project over $10 million.

Management of the Program

• Requires all related federal agencies to the project to coordinate with the state agencies in carrying out the CALFED Bay-Delta Program. Requires all related federal agencies to cooperate with local and tribal governments and the public in carrying out the Program.



• Requires the Secretary to ensure to the maximum extent practicable that the Program is based on the best available scientific information.



• Requires the Secretary to undertake the CALFED Bay-Delta Program in accordance with the Implementation Memorandum on governance until such time as a permanent governing structure is approved.

Reporting Requirements and Limitations on Appropriations

• Requires the Secretary to submit a report to Congress of the CALFED Policy Group by December 15 of each year describing the status of implementation of the CALFED Bay-Delta Program and certifying that the Program is progressing in a balanced manner.



• The CALFED Policy Group shall prepare a revised schedule to ensure balanced progress if the report indicates that the program is not progressing in a balanced manner and no certification can be made.

• If the report fails to certify that balanced progress is being made, no appropriations for new projects or new phases of ongoing projects for the next fiscal year unless the revised schedule and a certification of balanced progress is submitted to the Congress by February 15.



• The Secretary of the Interior is required to submit a financial summary to the Congress by February 15 of each year.



• Requires the Director of Office of Management and Budget to submit a cross-cut budget report to the Congress by February 15 of each year.

Surface Storage Authorization and Limitations on Appropriations

• Requires the Secretary to transmit the report of the CALFED Policy Group regarding an in-Delta storage project, a project to raise the height of Shasta Dam, and an enlarged Los Vaqueros Reservoir in accordance with the schedule set forth in the Record of Decision.



• Provides for an expedited review procedure for Shasta Dam, Los Vaqueros Reservoir and the Delta Islands storage project. These project reports are amendable in Committee or on the floor. All projects under $10 million are authorized.

Grants to Federal Agencies

• Authorizes the Secretary to make grants to federal agencies assuming responsibility for implementing components of the CALFED Bay-Delta Program.

Authorization of Appropriations

• Authorizes appropriations of $2.43 billion to pay the federal share of carrying out Stage 1 of the Record of Decision for fiscal years 2002 through 2007.

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