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Code · BILL · 115th Congress · S. 2154 (Introduced in Senate) — To approve the Kickapoo Tribe Water Rights Settlement Agreement, and for other purposes. · Sec. 5

Sec. 5. Kickapoo Tribe Water Rights

1,042 words·~5 min read·/bill/115/s/2154/is/section-5

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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 Kickapoo Tribe Water Rights Settlement Agreement and this Act; the availability of water from the Tribal water rights as set forth in the Kickapoo Tribe Water Rights 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.
A consumptive Tribal water right of up to 4,705 acre-feet of water per year is confirmed in accordance with the terms and conditions of the Kickapoo Tribe Water Rights Settlement Agreement. Subject to the terms and conditions of the Kickapoo Tribe Water Rights Settlement Agreement, this Act, and applicable Federal law, the Tribe may use the Tribal water rights for any purpose. The Tribal water rights, as set forth in subsection (b), shall— be held in trust by the United States on behalf of the Tribe and its members and allottees in accordance with this section; include the priority date set forth in the Kickapoo Tribe Water Rights Settlement Agreement; and 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 rights. Any entitlement to water for allotted land located within the exterior boundaries of the Reservation under Federal law shall be satisfied from the Tribal water rights. Allotted land located within the exterior boundaries of the Reservation shall be entitled to a just and suitable allocation of water for irrigation and domestic purposes from the Tribal water rights.
Members who do not own interests in allotted land shall nonetheless be entitled to the use of a portion of the Tribal water rights pursuant to the terms and conditions of the Kickapoo Tribe Water Rights Settlement Agreement and the Tribal Water Code. 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, a member or allottee shall exhaust remedies available under the Tribal Water Code or other applicable Tribal law.
Following exhaustion of remedies available under the Tribal Water Code or other applicable tribal law, a member or 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 members or allottees as specified in this section. Except as provided in paragraph (2), the Tribe shall have authority to use, allocate, distribute, and lease the Tribal water rights on or off the Reservation in accordance with— the Kickapoo Tribe Water Rights Settlement Agreement; the Tribal Water Code or other applicable tribal law; and applicable Federal law.
An allottee may lease any interest in land held by the allottee, together with any water rights determined to be appurtenant to that interest in land. Any water rights determined to be appurtenant to an interest in land leased by an allottee shall be used on or off the Reservation, consistent with the Kickapoo Tribe Water Rights Settlement Agreement. Water apportioned from the Tribal water rights may be leased off Reservation pursuant to the terms and conditions of the Kickapoo Tribe Water Rights Settlement Agreement.
Not later than 3 years after the enforceability date, the Tribe shall enact a Tribal Water Code, that provides for— the management, regulation, and governance of all uses of the Tribal water rights in accordance with the Kickapoo Tribe Water Rights Settlement Agreement; and establishment by the Tribe of conditions, permit requirements, and other limitations relating to the diversion, storage, and use of the Tribal water rights in accordance with the Kickapoo Tribe Water Rights Settlement Agreement.
The Tribal Water Code shall provide— that allocations of water to members or allottees shall be satisfied with water from the Tribal water rights; 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 ); the process by which a member or allottee may request that the Tribe provide water for irrigation or domestic purposes in accordance with this Act; a due process system for the consideration and determination by the Tribe of any request by a member or allottee for an allocation of such water for irrigation or domestic 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 member or allottee with a claim relating to the enforcement of rights of the member or allottee under the Tribal Water Code or relating to the amount of water allocated to land of the allottee must first exhaust remedies available to the member or 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)(5).
The Secretary shall administer the Tribal water rights until the Tribal Water Code is enacted and approved under this section. Any provision of the Tribal Water Code and any amendment to the Tribal Water Code that affects the rights of members or allottees— shall be subject to the approval of the Secretary; and shall not be valid until approved by the Secretary. The Secretary shall approve or disapprove the Tribal Water Code within a reasonable period of time after the date on which the Tribe submits the Tribal Water Code to the Secretary for approval.
Except as otherwise specifically provided in this section, nothing in this Act— authorizes any action by a member or allottee (or any successor in interest to 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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Sec. 5
Kickapoo Tribe Water Rights
U.S.C.§ 381
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