Sec. 8. WATER RIGHTS

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## SEC. 8 WATER RIGHTS ###

(a)In General This Act does not— ####

(1)impair the validity of or preempt any provision of State water law or any interstate compact governing water; ####

(2)alter the right of any State to any appropriated share of the water of any body of surface or ground water, whether determined by any past or future interstate compact or by any past or future legislative or final judicial allocation; ####

(3)preempt or modify any Federal or State law or interstate compact concerning water quality or disposal; ####

(4)confer on any non-Federal entity the authority to exercise any Federal right to the water of any stream or to any ground water resource; ####

(5)affect any right of the Fort Peck Tribes to water, located within or outside the external boundaries of the Fort Peck Indian Reservation, based on a treaty, compact, executive order, agreement, Act of Congress, aboriginal title, the decision in Winters v. United States, 207 U.S. 564

(1908)(commonly known as the “Winters Doctrine”), or other law; or ####

(6)validate or invalidate any assertion of the existence, nonexistence, or extinguishment of any water right held or Indian water compact entered into by the Fort Peck Tribes or by any other Indian tribe or individual Indian under Federal or State law. ###

(b)Offset Against Claims Any funds received by the Fort Peck Tribes pursuant to this Act shall be used to offset any claims for money damages against the United States by the Fort Peck Tribes, existing on the date of the enactment of this Act, for water rights based on a treaty, compact, executive order, agreement, Act of Congress, aboriginal title, the decision in Winters v. United States, 207 U.S. 564 (1908), or other law.

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207 U.S. 564

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Sec. 8

WATER RIGHTS

SCOTUS207 U.S. 564

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