Sec. 104. Tribal Water Rights
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/bill/119/s/564/is/section-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Tribal Water Rights shall be held in trust by the United States on behalf of the Tribe, in accordance with the Agreement and this title. The Tribal Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. State-law based water rights acquired by the Tribe, or by the United States on behalf of the Tribe, after the date for inclusion in the Partial Final Judgment and Decree shall not be subject to forfeiture, abandonment, or permanent alienation from the time those water rights are acquired.
Any use of the Tribal Water Rights shall be subject to the terms and conditions of the Agreement and this title. The Tribal Water Rights do not include any water rights for an Allotment. Nothing in this title quantifies or diminishes any water right, or any claim or entitlement to water, of an Allottee. Any use of water on an Allotment shall be accounted for out of the Tribal Water Rights recognized in the Agreement, including recognition of— any water use existing on an Allotment as of the date of enactment of this Act; reasonable domestic, stock, and irrigation water uses put into use on an Allotment; and any water right decreed to the United States in trust for an Allottee in the Adjudication for use on an Allotment.
The Tribe shall not object in the Adjudication to the quantification of reasonable domestic, stock, and irrigation water uses on an Allotment, and shall administer any water use on Zuni Lands in accordance with applicable Federal law, including recognition of— any water use existing on an Allotment as of the date of enactment of this Act; reasonable domestic, stock, and irrigation water uses on an Allotment; and any water right decreed to the United States in trust for an Allottee in the Adjudication.
The Tribe shall have the authority to allocate, distribute, and lease the Tribal Water Rights for use on Zuni Lands in accordance with the Agreement, this title, and applicable Federal law, including the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415 ) (commonly known as the Long-Term Leasing Act ). The Tribe may allocate, distribute, and lease the Tribal Water Rights for use off Zuni Lands in accordance with the Agreement, this title, and applicable Federal law, subject to the approval of the Secretary.
The maximum term of any lease, including all renewals, under this paragraph shall not exceed 99 years. The Tribe shall not permanently alienate any portion of the Tribal Water Rights. An authorization provided by this title for the allocation, distribution, leasing, or other arrangement entered into pursuant to this title shall be considered to satisfy any requirement for authorization of the action required by Federal law. The non-use of all or any portion of the Tribal Water Rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Rights.
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