Sec. 407. TRIBAL WATER RIGHTS
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## SEC. 407 TRIBAL WATER RIGHTS ###
(a)Intent of Congress It is the intent of Congress to provide to each allottee benefits that are equivalent to or exceed the benefits allottees possess as of the date of enactment of this Act, taking into consideration— ####
(1)the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this title; ####
(2)the availability of funding under this title and from other sources; ####
(3)the availability of water from the tribal water rights; and ####
(4)the applicability of section 7 of the Act of February 8, 1887 (25 U.S.C. 381) and this title to protect the interests of allottees. ###
(b)Confirmation of Tribal Water Rights ####
(1)In general The tribal water rights are ratified, confirmed, and declared to be valid. ####
(2)Use Use of the tribal water rights shall be subject to the terms and conditions established by the Compact. ###
(c)Holding in Trust The tribal water rights— ####
(1)shall be held in trust by the United States for the use and benefit of the Tribe and the allottees in accordance with this section; and ####
(2)shall not be subject to forfeiture or abandonment. ###
(d)Allottees ####
(1)Applicability of act of february 8, 1887 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. ####
(2)Entitlement to water Any entitlement to water of an allottee under Federal law shall be satisfied from the tribal water rights. ####
(3)Allocations Allottees shall be entitled to a just and equitable allocation of water for irrigation purposes. ####
(4)Exhaustion of remedies 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 tribal water code or other applicable tribal law. ####
(5)Claims Following exhaustion of remedies available under the tribal water code or other applicable tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or other applicable law. ####
(6)Authority The Secretary shall have the authority to protect the rights of allottees as specified in this section. ###
(e)Authority of Tribe ####
(1)In general Except as provided in paragraph (2), the Tribe shall have authority to allocate, distribute, and lease the tribal water rights— #####
(A)in accordance with the Compact; and #####
(B)subject to approval of the Secretary of the tribal water code under subsection (f)(3)(B). ####
(2)Leases by allottees Notwithstanding paragraph (1), an allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to the interest in land. ###
(f)Tribal water code ####
(1)In general Notwithstanding the time period set forth in article IV(A)(2)(b) of the Compact, not later than 3 years after the date on which the Tribe ratifies the Compact as set forth in section 410(e)(1)(E), the Tribe shall enact a tribal water code, that provides for— #####
(A)the management, regulation, and governance of all uses of the tribal water rights in accordance with the Compact; and #####
(B)establishment by the Tribe of conditions, permit requirements, and other limitations relating to the storage, recovery, and use of the tribal water rights in accordance with the Compact. ####
(2)Inclusions Subject to the approval of the Secretary, the tribal water code shall provide that— #####
(A)tribal allocations of water to allottees shall be satisfied with water from the tribal water rights; #####
(B)charges for delivery of water for irrigation purposes for allottees shall be assessed on a just and equitable basis; #####
(C)there is a process by which an allottee may request that the Tribe provide water for irrigation use in accordance with this title; #####
(D)there is a due process system for the consideration and determination by the Tribe of any request by an allottee, or any successor in interest to an allottee, for an allocation of such water for irrigation purposes on allotted land, including a process for— ######
(i)appeal and adjudication of any denied or disputed distribution of water; and ######
(ii)resolution of any contested administrative decision; and #####
(E)there is a requirement that any allottee with a claim relating to the enforcement of rights of the 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 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)(6). ####
(3)Action by secretary #####
(A)In general The Secretary shall administer the tribal water rights until the tribal water code is enacted in accordance with paragraph
(1)and those provisions requiring approval pursuant to paragraph (2). #####
(B)Approval The tribal water code shall not be valid unless— ######
(i)the provisions of the tribal water code required by paragraph
(2)are approved by the Secretary; and ######
(ii)each amendment to the tribal water code that affects a right of an allottee is approved by the Secretary. #####
(C)Approval period The Secretary shall approve or disapprove the tribal water code within a reasonable period of time after the date on which the Tribe submits it to the Secretary. ###
(g)Effect Except as otherwise specifically provided in this section, nothing in this title— ####
(1)authorizes any action by an allottee against any individual or entity, or against the Tribe, under Federal, State, tribal, or local law; or ####
(2)alters or affects the status of any action pursuant to section 1491(a) of title 28, United States Code.
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Sec. 407
TRIBAL WATER RIGHTS
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