Tribal water right

(a) Confirmation of tribal water right (1) In general The Tribal Water Right is ratified, confirmed, and declared to be valid. (2) Quantification The Tribal Water Right consists of the right to Produce and/or Use up to 20,000 AFY of Groundwater as provided in Section III of the Agreement. (3) Priority The Tribal Water Right shall have a priority date no later than the 1876 and 1877 Executive Orders establishing the Reservation and is prior and paramount to all rights claimed by the Water Districts to Native Groundwater in the Indio Subbasin. (4) Use Any Use of the Tribal Water Right shall be subject to the terms and conditions of the Agreement and this Act. (b) Intent of congress It is the intent of Congress to provide to each Allottee benefits that are equivalent to, or exceed, the benefits the Allottees possess on the day before the enactment of this Act, taking into consideration— (1) the potential risks, costs, and time delay associated with litigation that would be resolved by the Agreement and this Act; (2) the availability of funding under this Act from other sources; (3) the availability of water from the Tribal Water Right; and (4) the applicability of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this Act to protect the interest of Allottees. (c) Trust status of the tribal water right The Tribal Water Right shall be held in trust by the United States on behalf of Agua Caliente and Allottees in accordance with the Agreement and this Act. The Tribal Water Right shall not be subject to State law, regulation, or jurisdiction, except as part of a comprehensive adjudication of Groundwater rights in the Indio Subbasin if permitted by applicable Federal law. (d) Forfeiture and abandonment The Tribal Water Right shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (e) Authority of the tribe (1) In general Agua Caliente shall have the authority to Use the Tribal Water Right on the Reservation in accordance with the Agreement, this Act, and applicable Federal law. (2) Use off the reservation (A) In general Agua Caliente may Use the Tribal Water Right off the Reservation, subject to and in accordance with the terms of the Agreement, this Act, applicable Federal law, and subject to the approval of the Secretary. (B) Maximum term The maximum term of any lease, including all renewals under this paragraph, shall not exceed 99 years. (3) Allottee lease rights An Allottee may lease any interest in land held by an Allottee, together with any portion of the Tribal Water Right determined to be appurtenant to the interest in the land, in accordance with the Tribe’s Water Ordinance, this Act, and the Agreement. (4) Lawful purpose Subject to the terms of the Agreement and this Act, Agua Caliente may Use the Tribal Water Right for any lawful purpose. (5) Reuse Agua Caliente may reuse water that has been produced as part of the Tribal Water Right, subject to and in accordance with the terms of the Agreement. (f) Administration (1) No alienation The Tribe shall not permanently alienate any portion of the Tribal Water Right. (2) Purchases or grants of land from indians An authorization provided by this Act for the allocation, distribution, leasing, or arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action required by Federal law. (3) Prohibition On Forfeiture The non-use of all or any portion of the Tribal Water Right by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Right. (4) Forbearance by the tribe Groundwater on which the Tribe does not impose a Tribal Production Fee in accordance with the forbearance provisions of Section V(A)(3) of the Agreement will not be counted as a portion of the Tribal Water Right, and the failure to impose a Tribal Production Fee pursuant to Section V(A)(3) of the Agreement will not result in the forfeiture or abandonment or loss by other operation of law of any portion of the Tribal Water Right. (g) Water related fees (1) Preemption of the rac The Tribal Water Right shall not be subject to a RAC, in accordance with the Agreement. The provisions of this subsection shall preempt any and all State or local laws, decisions, rules, regulations, or actions having the effect of law insofar and only insofar as they are inconsistent with the provisions of this subsection. (2) Tribal production fee The Tribe shall have the authority to impose, assess, and collect a Tribal Production Fee, subject to and in accordance with the terms of the Agreement. The Tribal Production Fee shall be governed exclusively by this subsection, the Agreement, and the Tribe’s Water Ordinance. (3) Tribal water fee The Tribe shall have the authority to impose, assess, and collect a Tribal Water Fee, subject to and in accordance with the terms of the Agreement. The Tribal Water Fee shall be governed exclusively by this subsection, the Agreement, and the Tribe’s Water Ordinance. (4) Tribal water delivery charge The Tribe shall have the authority to impose, assess, and collect a Tribal Water Delivery Charge, subject to and in accordance with the terms of the Agreement. The Tribal Water Delivery Charge shall be governed exclusively by this subsection, the Agreement, and the Tribe’s Water Ordinance. (5) Tribal deliveries Subject to and in accordance with the Agreement, the Tribe shall have the right to deliver water to water users on the Reservation Using the Tribal Water Right at rates, fees, and terms and conditions determined by the Tribe. Such Use of the Tribal Water Right shall not be subject to a RAC. (h) Allottees (1) Applicability of the act of february 8, 1887 The provisions of section 7 of the Act of February 8, 1887 (25 U.S.C. 381), relating to the use of water for Irrigation purposes, shall apply to the Tribal Water Right. (2) Entitlement to water Any entitlement to water of an Allottee under Federal law shall be satisfied from the Tribal Water Right and from the Tribe’s surface water rights identified in subsection (m)(1). (3) Allocations An Allottee shall be entitled to a just and equitable distribution of water for Irrigation purposes. (4) Claims (A) Exhaustion of remedies Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119, 25 U.S.C. 381), or any other applicable law, an Allottee shall exhaust remedies available under the Tribe’s Water Ordinance or other applicable Tribal Law. (B) Action for relief After the exhaustion of all remedies available under the Tribe’s Water Ordinance or other applicable Tribal Law, an Allottee may seek relief under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), or other applicable law. (5) Authority of the secretary The Secretary shall have the authority to protect the rights of Allottees in accordance with this section. (i) The tribe’s water ordinance To the extent necessary, and subject to and in accordance with the approval of the Secretary, the Tribe shall amend the Tribe’s Water Ordinance to provide— (1) that use of water by Allottees shall be satisfied with water from the Tribal Water Right and the Tribe’s surface water right described in subsection (m)(1); (2) a process by which an Allottee may request that the Tribe provide water for Irrigation in accordance with this Act, including the provision of water under any Allottee lease under section 4 of the Act of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403); (3) a due process system for the consideration and determination by the Tribe of any request of an Allottee (or a successor in interest to an Allottee) for an allocation of water for Irrigation on an Allotment, including a process for— (A) appeal and adjudication of any denied or disputed distribution of water; (B) resolution of any contested administrative decision; and (C) a requirement that any Allottee asserting a claim relating to the enforcement of rights of the Allottee under the Tribe’s Water Ordinance, including to the quantity of water allocated to land of the Allottee, shall exhaust all remedies available to the Allottee under Tribal Law before initiating an action against the United States or petitioning the Secretary pursuant to subsection (h)(4)(B); and (4) a process by which an owner of fee land within the Reservation may apply for Use of a portion of the Tribal Water Right, subject to and in accordance with the Agreement and this Act. (j) Action by the secretary (1) In general During the period beginning on the date of enactment of this Act and ending on the date on which the Tribe’s Water Ordinance is amended pursuant to subsection (i), the Secretary shall administer, with respect to the rights of the Allottees, the Water Rights identified under subsection (i)(1). (2) Approval The Tribe’s Water Ordinance, amended pursuant to subsection (i), shall not be valid unless— (A) the amendments described in that subsection have been approved by the Secretary; and (B) each subsequent amendment to the Tribe’s Water Ordinance that affects the rights of an Allottee is approved by the Secretary. (3) Approval period (A) In general Except as provided in subparagraph (B), the Secretary shall approve or disapprove the Tribe’s Water Ordinance amendments described in subsection (i) not later than 180 days after the date on which the amendments are submitted to the Secretary. (B) Extension The deadline described in subparagraph (A) may be extended by the Secretary after consultation with the Tribe. (k) Effect Except as otherwise expressly provided in this section, nothing in this Act— (1) authorizes any action by an Allottee against any individual or entity, or against Agua Caliente, under Federal, State, Tribal, or local law; or (2) alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code. (l) Domestic water service Subject to and in accordance with the Agreement, the Water Districts shall have the authority to provide Domestic Water Service on the Reservation. (m) Tribe’s surface water rights (1) Tahquitz creek and andreas creek The Tribe’s water rights in Tahquitz Creek and Andreas Creek, as described in Section VII(A) of the Agreement, shall be held in trust by the United States on behalf of the Tribe and Allottees in accordance with the Agreement and this Act. The Tribe’s Diversion and Use of the surface water shall be subject to and in accordance with the Agreement. (2) Whitewater ranch The Tribe’s water rights to the surface water at Whitewater Ranch, as described in Section VII(B) of the Agreement, shall be held in trust by the United States on behalf of the Tribe in accordance with the Agreement and this Act. The Tribe’s Diversion and Use of the surface water shall be subject to and in accordance with the Agreement. (n) Traditional and cultural uses The Tribe and Tribal Members shall have the right to produce and use water from wells, streams, seeps, and springs on the Reservation for traditional and cultural purposes. Such uses shall not be counted as use of the Tribal Water Right as long as it is for Non-consumptive use. (o) Storage of imported water The Tribe shall have the right to store Imported Water in the Indio Subbasin and recover such stored water, subject to and in accordance with the Agreement.