Sec. 6. Storage allocation from Hungry Horse Reservoir
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Subject to subsection (b)(4), the Secretary shall allocate to the Tribes 90,000 acre-feet per year, as measured at the Hungry Horse Dam, of storage water in Hungry Horse Reservoir for use by the Tribes for any beneficial purpose on or off the Reservation. The allocation under subsection
(a)shall be considered to be part of the tribal water right. The priority date of the allocation to the Tribes under subsection
(a)shall be July 16, 1855. The Tribes shall administer the water allocated under subsection
(a)in accordance with the Compact and this Act. The allocation under subsection
(a)shall be limited in accordance with the report of the State entitled Biological Impact Evaluation and Operational Constraints for a Proposed 90,000 Acre-Foot Withdrawal , dated September 14, 2011, and attached to the Compact as Appendix 8. The United States, the Tribes, and the State, on mutual written agreement and in accordance with any applicable law (including the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. )), may amend the Biological Impact Evaluation Constraints identified in the report described in subparagraph (A). Any amendment under clause
(i)shall be considered an amendment pursuant to, and not an amendment of, this Act or the Compact. As a condition of receiving the allocation under subsection (a), the Tribes shall enter into an agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the Compact and this Act. The agreement under paragraph
(1)shall include provisions establishing that— the agreement shall be without a limit as to a term; the Tribes, and not the United States, shall be entitled to all consideration due to the Tribes under any lease, contract, or agreement entered into by the Tribes pursuant to subsection (d); the United States shall have no obligation to monitor, administer, or account for— any funds received by the Tribes as consideration under any lease, contract, or agreement entered into by the Tribes pursuant to subsection (d); or the expenditure of those funds; if the capacity or function of any facility of Hungry Horse Reservoir or Hungry Horse Dam is significantly reduced, or is anticipated to be significantly reduced, for an extended period of time, the Tribes shall have the same storage rights as other storage contractors with respect to the allocation under subsection (a); the costs associated with the construction and operation of the storage facilities at Hungry Horse Reservoir and Hungry Horse Dam allocable to the Tribes shall be nonreimbursable; no water service capital charge shall be due or payable for any water allocated under subsection
(a)or the allocation agreement, regardless of whether that water is delivered for use by the Tribes or under a lease, contract, or by an agreement entered into by the Tribes pursuant to subsection (d); and the Tribes shall not be required to make payments to the United States for any water allocated under subsection
(a)or the agreement. The Tribes may use, lease, contract, exchange, or enter into one or more other agreements for use of the water allocated under subsection
(a)if— the water that is the subject of the agreement is used within the Flathead Basin or Clark Fork Basin within the State; and the agreement does not permanently alienate any portion of the water allocated under subsection (a). The Tribes shall, in accordance with the Compact, make available not more than 11,000 acre-feet per year of the water allocated under subsection
(a)to the State for mitigation of future and existing growth outside the boundaries of the Reservation. The allocation under subsection
(a)shall not be increased by any year-to-year carryover storage. The United States shall not be required to pay the cost of developing or delivering any water allocated under subsection (a). Except as provided in Article III.C.1.c of the Compact, the Tribes shall not develop any new use for the allocation under subsection
(a)until the date on which the agreement entered into under subsection
(c)takes effect. With respect to any water right arising under the law of the State in the Hungry Horse Reservoir owned or acquired by the Tribes, the Tribes— 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 agreement is entered into under subsection (c). The allocation under subsection
(a)takes effect on the enforceability date.
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Sec. 6
Storage allocation from Hungry Horse Reservoir
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