Sec. 16. Tribal water rights
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The tribal water rights are ratified, confirmed, and declared to be valid. Use of the tribal water rights shall be subject to the terms and conditions established by the Compact and this Act. The tribal water rights— shall be held in trust by the United States for the use and benefit of the Tribe in accordance with this section; and shall not be subject to forfeiture or abandonment. It is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, the benefits possessed by allottees on the day before 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 Compact and this Act; the availability of funding under this Act and from other sources; the availability of water from the tribal water rights; 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 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 rights. Any entitlement to water of an allottee under Federal law shall be satisfied from the tribal water rights. Pursuant to the Act of February 8, 1887 (24 Stat. 390, chapter 119), allottees shall be entitled to a just and equitable allocation of water for irrigation purposes. 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 tribal water code or other applicable tribal law.
After the exhaustion of all remedies available under the tribal water code or other applicable tribal law, an allottee may assert a claim against the United States 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 in accordance with this section. The Tribe shall have the authority to allocate, distribute, and transfer the tribal water right in accordance with— the Compact; and the tribal water code.
An allottee may lease any interest in land held by the allottee, together with any allocation of water under subsection (d)(3), subject to the condition that nothing in this section affects the authority of the Tribe to require a water permit or to otherwise manage use of the water under the tribal water code. In accordance with article IV.C.1. of the Compact, the Tribe shall— amend the tribal water code in accordance with the Compact and this Act; and ensure that the amendments provide for— the management, regulation, and governance of all uses of the tribal water rights in accordance with the Compact and this Act, including all uses by allottees (or any successor in interest to an allottee); and establishment by the Tribe of conditions, permit requirements, and other limitations relating to the storage, recovery, and use of the tribal water rights in accordance with the Compact and this Act.
Subject to the approval of the Secretary, the tribal water code shall provide that— tribal allocations of water to allottees shall be satisfied with water from the tribal water rights; charges for delivery of water for irrigation purposes for allottees shall be assessed on a just and equitable basis; there is a process by which an allottee may request that the Tribe provide water for irrigation use in accordance with this Act, including the provision of water under any allottee lease; there is a due process system for the consideration and determination by the Tribe of any request by an allottee (or a successor in interest to an allottee) for an allocation of 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 any allottee with a claim relating to the enforcement of rights of the allottee under the tribal water code, or to the quantity of water allocated to land of the allottee, shall exhaust all remedies available to the allottee under tribal law and the tribal water code before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4)(B).
Subject to the requirements of section 4 and until the date on which the amendments to the tribal water code are approved by the Secretary, the tribal water rights shall be administered by the Tribe pursuant to ordinance numbered 62 of the tribal water code, to the extent that the ordinance is not inconsistent and does not conflict with the Compact or this Act. In the event of an inconsistency or conflict described in subparagraph (A), the provisions of the Compact and this Act shall control.
The tribal water code, and any amendment to the tribal water code, shall not be valid unless the tribal water code or amendment is approved by the Secretary. The Secretary shall approve or disapprove the tribal water code or an amendment to the tribal water code by not later than 180 days after the date on which the tribal water code or amendment is submitted to the Secretary. Except as otherwise expressly provided in this section, nothing in this Act— authorizes any action by an allottee against any individual or entity, or against the Tribe, 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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- 24 Stat. 390
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