Water Infrastructure Improvements for the Nation (WIIN) Act: Bureau of Reclamation and California Water Provisions

Summary

Most of the provisions in the Water Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322), enacted on December 16, 2016, relate to the U.S. Army Corps of Engineers. However, the WIIN Act also includes a subtitle (Subtitle J, §§4001-4013) with the potential to affect western water infrastructure owned by the Bureau of Reclamation (Reclamation; part of the Department of the Interior). Three sections in Subtitle J (§4007, §4009, and §4011) made alterations that would apply throughout Reclamation’s service area, the 17 states to the west of the Mississippi River. Most of the remaining sections of Subtitle J include provisions specific to the Central Valley Project (CVP), a multipurpose water-conveyance system in California operated by Reclamation. Most of Subtitle J’s provisions were derived from bills that received consideration in the 112th, 113th, and 114th Congresses.

Although most parts of the WIIN Act had broad stakeholder support when enacted, some of Subtitle J’s provisions were (and continue to be) debated. Particularly controversial provisions include those related to implementation of the federal Endangered Species Act (ESA; 16 U.S.C. §§1531-1544) as it relates to endangered salmon and threatened Delta smelt and to California water infrastructure, as well as authorities that alter Reclamation’s approach to water resources project development. The controversy of these provisions was evidenced by President Obama’s signing statement accompanying the bill, which focused on the Obama Administration’s interpretation of Subtitle J, particularly the act’s environmental provisions.

The WIIN Act was debated and enacted at a time when California was enduring severe drought. However, by most metrics, the drought in California ended with the wet winter of 2016-2017, which occurred after enactment of the WIIN Act. Regardless of hydrologic status, most of the WIIN Act’s drought provisions are to remain in effect until five years after its enactment, or December 2021. Because there was ample water for both water supplies and species needs in early 2017, many of the WIIN Act’s operational directives were not tested in the first months after the bill’s enactment. Future years may be different, and the legislation could affect water allocations compared to pre-WIIN Act levels under some scenarios and interpretations.

Due to the scarcity of water in the West and the importance of federal water infrastructure to the region, western water issues are regularly of interest to lawmakers, and Subtitle J of the WIIN Act is likely to receive attention in the 115th Congress. In addition to oversight, there may be ongoing debate as to the meaning and significance of individual provisions in the act, and observers are expected to closely monitor implementation of its new authorities. Of particular interest will be the WIIN Act’s application to the operations of the CVP and federal support for the construction of new surface water supply projects, among other things. Some may also propose adding to or repealing parts of Subtitle J. Legislation considered in the 115th Congress (e.g., H.R. 23) has proposed to build on and, in some cases, replace key parts of the WIIN Act.

This report discusses selected provisions that were enacted under Subtitle J of the WIIN Act. It provides background and context related to selected drought- and water-related provisions, summarizes the changes authorized in the WIIN Act, and discusses issues and questions that may be considered in the 115th Congress. For additional background on California water issues, see CRS Report R40979, California Drought: Hydrological and Regulatory Water Supply Issues, by Betsy A. Cody, Peter Folger, and Cynthia Brown, and CRS Report R44456, Central Valley Project Operations: Background and Legislation, by Charles V. Stern and Pervaze A. Sheikh.