Sec. 5. Tribal water right
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/bill/114/s/3013/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 greater than, the benefits the allottee possesses 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 right; 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 the allottees.
The tribal water right is ratified, confirmed, and declared to be valid. Any use of the tribal water right shall be subject to the terms and conditions of the Compact and this Act. In the event of a conflict between the Compact and this Act, this Act shall control. The tribal water right— shall be held in trust by the United States for the use and benefit of the Tribes and allottees in accordance with this Act; and shall not be subject to loss through nonuse, forfeiture or abandonment, or other operation of law.
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 under Federal law shall be satisfied from the tribal water right. Each allottee shall be entitled to a just and equitable allocation of irrigation 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 law of administration.
After the exhaustion of all remedies available under the law of administration, an allottee may seek relief under section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ), or any other applicable law. The Secretary shall have the authority to protect the rights of allottees described in this section. The Tribes shall have the authority to allocate, distribute, and lease the tribal water right for any use on the Reservation in accordance with the Compact, the law of administration, this Act, and applicable Federal law.
The Tribes may allocate, distribute, and lease the tribal water right for off-Reservation use in accordance with the Compact, subject to the approval of the Secretary. During the period beginning on the date of enactment of this Act and ending on the date on which the law of administration becomes effective on the Reservation, the Secretary shall administer, with respect to the rights of the allottees, the tribal water right in accordance with this Act. The Secretary shall approve— the law of administration not later than 180 days after the date of ratification of the law of administration by the Tribes and the State; and each amendment to the law of administration affecting a right of an allottee, to the extent it is consistent with this Act, not later than 180 days after the date of ratification of the amendment by the Tribes and the State.
Any deadline described in paragraph
(2)may be extended by the Secretary, subject to the approval of the Tribes. The Tribes shall not permanently alienate any portion of the tribal water right. The authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action by treaty or convention under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ). The nonuse of all or any portion of the tribal water right by a lessee or contractor shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the tribal water right.
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