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Code · STATUTE-COMPILATIONS · Water Infrastructure Improvements for the Nation Act · Sec. 3405

Sec. 3405. TRIBAL WATER RIGHT

1,086 words·~5 min read·/statute-compilations/comps-13821/sec-3405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 3405 TRIBAL WATER RIGHT ###
(a)Intent of Congress 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— ####
(1)the potential risks, cost, and time delay associated with litigation that would be resolved by the Pechanga Settlement Agreement and this subtitle; ####
(2)the availability of funding under this subtitle; ####
(3)the availability of water from the Tribal Water Right and other water sources as set forth in the Pechanga Settlement Agreement; and ####
(4)the applicability of section 7 of the Act of February 8, 1887 (25 U.S.C. 381), and this subtitle to protect the interests of Allottees. ###
(b)Confirmation of Tribal Water Right ####
(1)In general A Tribal Water Right of up to 4,994 acre-feet of water per year that, under natural conditions, is physically available on the Reservation is confirmed in accordance with the Findings of Fact and Conclusions of Law set forth in Interlocutory Judgment No. 41, as affirmed by the Fallbrook Decree. ####
(2)Use Subject to the terms of the Pechanga Settlement Agreement, this subtitle, the Fallbrook Decree, and applicable Federal law, the Band may use the Tribal Water Right for any purpose on the Reservation. ###
(c)Holding in Trust The Tribal Water Right, as set forth in subsection (b), shall— ####
(1)be held in trust by the United States on behalf of the Band and the Allottees in accordance with this section; ####
(2)include the priority dates described in Interlocutory Judgment No. 41, as affirmed by the Fallbrook Decree; and ####
(3)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 Right. ####
(2)Entitlement to water Any entitlement to water of an Allottee under Federal law shall be satisfied from the Tribal Water Right. ####
(3)Allocations Allotted land located within the exterior boundaries of the Reservation shall be entitled to a just and equitable allocation of water for irrigation and domestic purposes from the Tribal Water Right. ####
(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 Pechanga Water Code or other applicable tribal law. ####
(5)Claims Following exhaustion of remedies available under the Pechanga 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 Band ####
(1)In general Except as provided in paragraph (2), the Band shall have authority to use, allocate, distribute, and lease the Tribal Water Right on the Reservation in accordance with— #####
(A)the Pechanga Settlement Agreement; and #####
(B)applicable Federal law. ####
(2)Leases by allottees #####
(A)In general An Allottee may lease any interest in land held by the Allottee, together with any water right determined to be appurtenant to that interest in land. #####
(B)Water right appurtenant Any water right determined to be appurtenant to an interest in land leased by an Allottee shall be used on such land on the Reservation. ###
(f)Pechanga water code ####
(1)In general Not later than 18 months after the enforceability date, the Band shall enact a Pechanga Water Code, that provides for— #####
(A)the management, regulation, and governance of all uses of the Tribal Water Right in accordance with the Pechanga Settlement Agreement; and #####
(B)establishment by the Band of conditions, permit requirements, and other limitations relating to the storage, recovery, and use of the Tribal Water Right in accordance with the Pechanga Settlement Agreement. ####
(2)Inclusions Subject to the approval of the Secretary, the Pechanga Water Code shall provide— #####
(A)that allocations of water to Allottees shall be satisfied with water from the Tribal Water Right; #####
(B)that charges for delivery of water for irrigation purposes for Allottees shall be assessed on a just and equitable basis; #####
(C)a process by which an Allottee may request that the Band provide water for irrigation or domestic purposes in accordance with this subtitle; #####
(D)a due process system for the consideration and determination by the Band of any request by an Allottee (or any successor in interest to an Allottee) for an allocation of such water for irrigation or domestic 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)a requirement that any Allottee with a claim relating to the enforcement of rights of the Allottee under the Pechanga 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 Pechanga Water Code before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4). ####
(3)Action by secretary #####
(A)In general The Secretary shall administer the Tribal Water Right until the Pechanga Water Code is enacted and approved under this section. #####
(B)Approval Any provision of the Pechanga Water Code and any amendment to the Pechanga Water Code that affects the rights of Allottees— ######
(i)shall be subject to the approval of the Secretary; and ######
(ii)shall not be valid until approved by the Secretary. #####
(C)Approval period The Secretary shall approve or disapprove the Pechanga Water Code within a reasonable period of time after the date on which the Band submits the Pechanga Water Code to the Secretary for approval. ###
(g)Effect Except as otherwise specifically provided in this section, nothing in this subtitle— ####
(1)authorizes any action by an Allottee against any individual or entity, or against the Band, 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. 3405
TRIBAL WATER RIGHT
U.S.C.§ 381
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