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S. 564IntroducedSenate · nowHousePresidentLawIn committee
Sec. 104 · S. 564

Tribal Water Rights

Title I — Zuni Indian Tribe Water Rights Settlement

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Introduced · Sec. 104

(a) Trust status of the tribal water rights The Tribal Water Rights shall be held in trust by the United States on behalf of the Tribe, in accordance with the Agreement and this title. (b) Forfeiture and abandonment (1) In general The Tribal Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights State-law based water rights acquired by the Tribe, or by the United States on behalf of the Tribe, after the date for inclusion in the Partial Final Judgment and Decree shall not be subject to forfeiture, abandonment, or permanent alienation from the time those water rights are acquired. (c) Use Any use of the Tribal Water Rights shall be subject to the terms and conditions of the Agreement and this title. (d) Allotment rights not included The Tribal Water Rights do not include any water rights for an Allotment. (e) Allottees not adversely affected Nothing in this title quantifies or diminishes any water right, or any claim or entitlement to water, of an Allottee. (f) Accounting for allotment uses Any use of water on an Allotment shall be accounted for out of the Tribal Water Rights recognized in the Agreement, including recognition of— (1) any water use existing on an Allotment as of the date of enactment of this Act; (2) reasonable domestic, stock, and irrigation water uses put into use on an Allotment; and (3) any water right decreed to the United States in trust for an Allottee in the Adjudication for use on an Allotment. (g) Allottee water rights The Tribe shall not object in the Adjudication to the quantification of reasonable domestic, stock, and irrigation water uses on an Allotment, and shall administer any water use on Zuni Lands in accordance with applicable Federal law, including recognition of— (1) any water use existing on an Allotment as of the date of enactment of this Act; (2) reasonable domestic, stock, and irrigation water uses on an Allotment; and (3) any water right decreed to the United States in trust for an Allottee in the Adjudication. (h) Authority of the tribe (1) In general The Tribe shall have the authority to allocate, distribute, and lease the Tribal Water Rights for use on Zuni Lands in accordance with the Agreement, this title, and applicable Federal law, including the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) (commonly known as the Long-Term Leasing Act). (2) Use off zuni lands (A) In general The Tribe may allocate, distribute, and lease the Tribal Water Rights for use off Zuni Lands in accordance with the Agreement, this title, and applicable Federal law, 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. (i) Administration (1) No alienation The Tribe shall not permanently alienate any portion of the Tribal Water Rights. (2) Purchases or grants of land from indians An authorization provided by this title for the allocation, distribution, leasing, or other arrangement entered into pursuant to this title 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 Rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Rights.

•S 564 ISSEC. 104
Committee version · Sec. 104

(a) Trust status of the tribal water rights The Tribal Water Rights shall be held in trust by the United States on behalf of the Tribe, in accordance with the Agreement and this title. (b) Forfeiture and abandonment (1) In general The Tribal Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights State-law based water rights acquired by the Tribe, or by the United States on behalf of the Tribe, after the date for inclusion in the Partial Final Judgment and Decree shall not be subject to forfeiture, abandonment, or permanent alienation from the time those water rights are acquired. (c) Use Any use of the Tribal Water Rights shall be subject to the terms and conditions of the Agreement and this title. (d) Allotment rights not included The Tribal Water Rights do not include any water rights for an Allotment. (e) Allottees not adversely affected Nothing in this title quantifies or diminishes any water right, or any claim or entitlement to water, of an Allottee. (f) Accounting for allotment uses Any use of water on an Allotment shall be accounted for out of the Tribal Water Rights recognized in the Agreement, including recognition of— (1) any water use existing on an Allotment as of the date of enactment of this Act; (2) reasonable domestic, stock, and irrigation water uses put into use on an Allotment; and (3) any water right decreed to the United States in trust for an Allottee in the Adjudication for use on an Allotment. (g) Allottee water rights The Tribe shall not object in the Adjudication to the quantification of reasonable domestic, stock, and irrigation water uses on an Allotment, and shall administer any water use on Zuni Lands in accordance with applicable Federal law, including recognition of— (1) any water use existing on an Allotment as of the date of enactment of this Act; (2) reasonable domestic, stock, and irrigation water uses on an Allotment; and (3) any water right decreed to the United States in trust for an Allottee in the Adjudication. (h) Authority of the tribe (1) In general The Tribe shall have the authority to allocate, distribute, and lease the Tribal Water Rights for use on Zuni Lands in accordance with the Agreement, this title, and applicable Federal law, including the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) (commonly known as the Long-Term Leasing Act). (2) Use off zuni lands (A) In general The Tribe may allocate, distribute, and lease the Tribal Water Rights for use off Zuni Lands in accordance with the Agreement, this title, and applicable Federal law, 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. (i) Administration (1) No alienation The Tribe shall not permanently alienate any portion of the Tribal Water Rights. (2) Purchases or grants of land from indians An authorization provided by this title for the allocation, distribution, leasing, or other arrangement entered into pursuant to this title 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 Rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Rights.

•S 564 RSSEC. 104

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