Sec. 5. Tribal Water Right
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/bill/113/s/1219/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the intent of Congress to provide to each allottee benefits that are equal to or exceed the benefits allottees possess as of the date of enactment of this Act, taking into consideration— the potential risks, cost, and time delay associated with litigation that would be resolved by the Pechanga Settlement Agreement and this Act; the availability of funding under this Act; the availability of water from the Tribal Water Right and other water sources as set forth in the Pechanga Settlement Agreement; and the applicability of section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ), and this Act to protect the interests of allottees.
The Tribal Water Right is ratified, confirmed, and declared to be valid. The Tribal Water Right shall be equal to 4,994 AFY of water that is subject to the jurisdiction of the Adjudication Court. The priority date for— 3,019 AFY of the Tribal Water Right shall be June 27, 1882; 182 AFY of the Tribal Water Right shall be August 29, 1893; 729 AFY of the Tribal Water Right shall be January 9, 1907; 563 AFY of the Tribal Water Right shall be March 11, 1907; and 501 AFY of the Tribal Water Right shall be May 25, 1931.
Subject to the terms of the Pechanga Settlement Agreement, this Act, the Fallbrook Decree, and applicable Federal law, the Band may use the Tribal Water Right for any purpose on the Reservation. The Tribal Water Right— shall be held in trust by the United States on behalf of the Band and the allottees in accordance with this section; and shall not be subject to forfeiture or abandonment. 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.
Any entitlement to water of an allottee who has allotted land that is located within the exterior boundaries of the Reservation under Federal law shall be satisfied from the Tribal Water Right. Allotted land of an allottee that is located within the exterior boundaries of the Reservation shall be entitled to a just and equitable allocation of water for irrigation purposes from the water resources described in the Pechanga Settlement Agreement. Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ), or any other applicable law, an allottee shall exhaust remedies available under the Pechanga Water Code or other applicable tribal law.
Following exhaustion of remedies available under the Pechanga Water Code or other applicable tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ), or other applicable law. The Secretary shall have the authority to protect the rights of allottees as specified in this section. Except as provided in paragraph (2), the Band shall have authority to use, allocate, distribute, and lease the Tribal Water Right in accordance with— the Pechanga Settlement Agreement; and applicable Federal law.
An allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to that interest in land. Not later than 18 months after the enforceability date, the Band shall enact a Pechanga Water Code, that provides for— the management, regulation, and governance of all uses of the Tribal Water Right in accordance with the Pechanga Settlement Agreement; and establishment by the Band of conditions, permit requirements, and other limitations relating to the storage, recovery, and use of the Tribal Water Right in accordance with the Pechanga Settlement Agreement.
The Pechanga Water Code shall provide— that allocations of water to allottees shall be satisfied with water from the Tribal Water Right; that charges for delivery of water for irrigation purposes for allottees shall be assessed in accordance with section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ); a process by which an allottee or water user on allotted land may request that the Band provide water for irrigation use in accordance with this Act; a due process system for the consideration and determination by the Band of any request by an allottee, water user on allotted land, or any successor in interest to an allottee, for an allocation of such water for irrigation purposes on allotted land, including a process for— appeal and adjudication of any denied or disputed distribution of water; and resolution of any contested administrative decision; and a requirement that any allottee or water user on allotted land with a claim relating to the enforcement of rights of the allottee or water user under the Pechanga Water Code or relating to the amount of water allocated to land of the allottee shall first exhaust remedies available to the allottee under tribal law and the Pechanga Water Code before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4).
The Secretary shall administer the Tribal Water Right until the Pechanga Water Code is enacted and approved in accordance with this section. Any provision of the Pechanga Water Code and any amendment to the Pechanga Water Code that affects the rights of allottees shall— be subject to the approval of the Secretary; and not be valid until the date on which the amendment is approved by the Secretary. The Secretary shall approve or disapprove the Pechanga Water Code within a reasonable period of time after the date on which the Band submits the Pechanga Water Code to the Secretary for approval.
Except as otherwise specifically provided in this section, nothing in this Act— authorizes any action by an allottee or water user on allotted land against any individual or entity, or against the Band, under Federal, State, tribal, or local law; or alters or affects the status of any action pursuant to section 1491(a) of title 28, United States Code.
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