Sec. 5. Lease or exchange agreements
343 words·~2 min read·
/bill/117/hr/9633/ih/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act ; 25 U.S.C. 177 ) or any other provision of law, beginning on January 1, 2026, each Arizona Tribe is authorized to, subject to the approval of the Secretary under section 7(a), and has the sole authority to, enter into, with any person, a Lease or Exchange Agreement, on the condition that the use off of the Reservation is located in the Lower Basin in the State and is not in Navajo, Apache, or Cochise counties. The term of any Lease or Exchange Agreement entered into under subsection
(a)shall be mutually agreed, except that the term shall not exceed 100 years. Any Lease or Exchange Agreement entered into under subsection
(a)may be renegotiated or modified at any time during the term of the Lease or Exchange Agreement, subject to the approval of the Secretary under section 7(a), on the condition that the term of the renegotiated Lease or Exchange Agreement and the term of the original Lease or Exchange Agreement, in the aggregate, does not exceed 100 years. Any person entering into a Lease or Exchange Agreement with an Arizona Tribe under this section shall use the water received under the Lease or Exchange Agreement in accordance with applicable Federal and State law. This Act shall not be construed to amend any Arizona Indian Water Settlement that prohibits off-Reservation Lease and Exchange Agreements. Before entering into a Lease or Exchange Agreement pursuant to the authority set forth in this Act, an Arizona Tribe with a restriction on its authority to lease or exchange its decreed water rights outside the exterior boundaries of its Reservation set forth in its Arizona Indian Water Settlement must first amend the settlement agreement to modify such restrictions in a manner in accordance with its terms. An amendment to an Arizona Indian Water Settlement to allow a Lease and Exchange Agreement is hereby deemed to be authorized, ratified, and confirmed in accordance with its terms without further need for congressional action.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 5
Lease or exchange agreements
Cites 1Cited by 0 across 0 sources