Sec. 3715. TRIBAL WATER RIGHTS
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## SEC. 3715 TRIBAL WATER RIGHTS ###
(a)Confirmation of Tribal Water Rights ####
(1)In general The Tribal water rights are ratified, confirmed, and declared to be valid. ####
(2)Use Any use of the Tribal water rights shall be subject to the terms and conditions of the Compact and this subtitle. ####
(3)Conflict In the event of a conflict between the Compact and this subtitle, the provisions of this subtitle shall control. ###
(b)Intent of Congress It is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, the benefits the allottees possess on the day before 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 subtitle; ####
(2)the availability of funding under this subtitle 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 subtitle to protect the interests of allottees. ###
(c)Trust Status of Tribal Water Rights 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 subtitle; 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 An allottee shall be entitled to a just and equitable allocation of water for irrigation purposes. ####
(4)Claims #####
(A)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. #####
(B)Action for relief After the exhaustion of all 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. ####
(5)Authority of secretary The Secretary shall have the authority to protect the rights of allottees in accordance with this section. ###
(e)Authority of Tribe ####
(1)In general The Tribe shall have the authority to allocate, distribute, and lease the Tribal water rights for any use on the Reservation in accordance with the Compact, this subtitle, and applicable Federal law. ####
(2)Off-reservation use The Tribe may allocate, distribute, and lease the Tribal water rights for off-Reservation use in accordance with the Compact, subject to the approval of the Secretary. ####
(3)Land 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, in accordance with the tribal water code. ###
(f)Tribal Water Code ####
(1)In general Notwithstanding article IV.C.1. of the Compact, not later than 4 years after the date on which the Tribe ratifies the Compact in accordance with this subtitle, 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 this subtitle; and #####
(B)establishment by the Tribe of conditions, permit requirements, and other requirements for the allocation, distribution, or use of the Tribal water rights in accordance with the Compact and this subtitle. ####
(2)Inclusions Subject to the approval of the Secretary, the tribal water code shall provide— #####
(A)that use of water by allottees shall be satisfied with water from the Tribal water rights; #####
(B)a process by which an allottee may request that the Tribe provide water for irrigation use in accordance with this subtitle, including the provision of water under any allottee lease under section 4 of the Act of June 25, 1910 (25 U.S.C. 403); #####
(C)a due process system for the consideration and determination by the Tribe of any request by an allottee (or a successor in interest to an allottee) for an allocation of 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 #####
(D)a requirement that any allottee asserting a claim relating to the enforcement of rights of the allottee under the tribal water code, or to the quantity of water allocated to land of the allottee, shall exhaust all remedies available to the allottee under tribal law before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4)(B). ####
(3)Action by secretary #####
(A)In general During the period beginning on the date of enactment of this Act and ending on the date on which a tribal water code described in paragraphs
(1)and
(2)is enacted, the Secretary shall administer, with respect to the rights of allottees, the Tribal water rights in accordance with this subtitle. #####
(B)Approval The tribal water code described in paragraphs
(1)and
(2)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 ######
(i)In general The Secretary shall approve or disapprove the tribal water code or an amendment to the tribal water code not later than 180 days after the date on which the tribal water code or amendment is submitted to the Secretary. ######
(ii)Extension The deadline described in clause
(i)may be extended by the Secretary after consultation with the Tribe. ###
(g)Administration ####
(1)No alienation The Tribe shall not permanently alienate any portion of the Tribal water rights. ####
(2)Purchases or grants of land from indians An authorization provided by this subtitle for the allocation, distribution, leasing, or other arrangement entered into pursuant to this subtitle shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes (25 U.S.C. 177). ####
(3)Prohibition on forfeiture The non-use of all or any portion of the Tribal water rights by a lessee or contractor shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal water rights. ###
(h)Effect Except as otherwise expressly provided in this section, nothing in this subtitle— ####
(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 brought pursuant to section 1491(a) of title 28, United States Code.
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