CVPIACentral Valley Project Improvement Act
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(169.) Under the CVPIA, L2 water is the minimal level of water necessary for the lowest level of protection of wildlife refuges.
Congress enacted the CVPIA for various purposes, but restoration of
(243.) One provision of the CVPIA requires the Bureau to dedicate 800,000 acre-feet of project water per year to fish and wildlife restoration.
Since the early 1990s, the contractors in the "junior rights" category--and particularly those south of the San Francisco--San Joaquin Delta--have also been subject to cutbacks for environmental mitigation under the provisions of the CVPIA and other state and federal programs.
The CVPIA established a $50 million fund for various projects considered beneficial, including land fallowing, water purchases, and environmental enhancement.
The Bureau must also comply with the CVPIA, which "demands that the Project implement a significant fish habitat protection program, but that it do so in accordance with the applicable state water use permits." (1052) One state permit standard--the Vernalis Salinity Standard--requires the Bureau not to allow an electrical conductivity measurement exceeding 0.7-1.0 mmhos/cm depending on the time of year.
The primary vehicle to fund acquisitions is the Restoration Fund authorized by CVPIA. This fund contains revenues from charges on users of project water and power.
IBIA affirmed BOR's decision in part, ruling that while the programs, functions, services, and activities related to the Trinity Flow Study and subsequent Record of Decision were eligible for self-determination contracts under the ISDEAA because they were directly connected to a Congressional grant of tribal authority in the CVPIA, restoration projects designed to benefit the public as a whole should not be funded as mandatory self-determination contracts.
To achieve its goals, the CVPIA (i) establishes the protection of fish and wildlife as a project purpose, (ii) allocates water and creates user fees to fund activities to enhance fish and wildlife, (iii) introduces increasing block rate water prices, and (iv) allows water contractors to participate in water markets.
In response, Congress passed legislation concerning the Trinity River, notably the Trinity River Basin Fish and Wildlife Management Act (202) and the Central Valley Project Improvement Act (CVPIA).