Sec. 5. Milk River water right
552 words·~3 min read·
/bill/114/s/1125/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
With respect to the Milk River water right, the Tribe— may continue the historical uses and the uses in existence on the date of enactment of this Act; and except as provided in article III.F.1.d of the Compact, shall not develop new uses until the date on which— the Tribe has entered into the agreement described in subsection (c); or the Secretary has established the criteria described in subsection (e). With respect to any State water right in the Milk River Basin owned or acquired by the Tribe, the Tribe— may continue any use in existence on the date of enactment of this Act; and shall not change any use until the date on which— the Tribe has entered into the agreement described in subsection (c); or the Secretary has established the criteria described in subsection (e).
In consultation with the Commissioner of Reclamation and the Director of the Bureau of Indian Affairs, the Tribe and the Fort Belknap Indian Community shall enter into an agreement to provide for the exercise of the respective water rights on the respective reservations of the Tribe and the Fort Belknap Indian Community in the Milk River. The agreement entered into under paragraph
(1)shall take into consideration— the equal priority dates of the Indian tribes; the water supplies of the Milk River; and historical, current, and future uses identified by each Indian tribe. Not later than 120 days after the date on which the agreement described in subsection
(c)is submitted to the Secretary, the Secretary shall review and approve or disapprove the agreement. The Secretary shall approve the agreement if the Secretary finds that the agreement— equitably accommodates the interests in the Milk River of each Indian tribe; adequately considers the factors described in subsection (c)(2); and is otherwise in accordance with applicable law. The deadline to review the agreement described in paragraph
(1)may be extended by the Secretary after consultation with the Tribe and the Fort Belknap Indian Community. If the Tribe and the Fort Belknap Indian Community do not enter into an agreement under subsection
(c)by the earlier of the date that is 5 years after the date of enactment of this Act and the date that is 3 years after the date of enactment of a congressionally approved settlement of the water rights claims of the Fort Belknap Indian Community that the Secretary determines meets the considerations set forth in subparagraphs
(A)through
(C)of subsection (d)(2), the Secretary shall— establish criteria that reflect the considerations described in subparagraphs
(A)through
(C)of subsection (c)(2); and after consultation with the Tribe and the Fort Belknap Indian Community, provide for the exercise of the respective water rights on the respective reservations of the Tribe and the Fort Belknap Indian Community in the Milk River. The establishment by the Secretary of criteria under paragraph
(1)shall be considered to be a final agency action for purposes of review under chapter 7 of title 5, United States Code. There is authorized to be appropriated to the Secretary to carry out this section $500,000. The Secretary shall distribute the funds made available under paragraph
(1)to the Tribe and the Fort Belknap Indian Community for use to reach an agreement under this section, including for technical analyses and legal and other related efforts.